HomeMy WebLinkAboutItem R5 R5
BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE Mayor James K.Scholl,District 3
The Florida Keys Mayor Pro Tern Michelle Lincoln,District 2
Craig Cates,District 1
David Rice,District 4
Holly Merrill Raschein,District 5
Board of County Commissioners Meeting
August 20, 2025
Agenda Item Number: R5
2023-4315
BULK ITEM: No DEPARTMENT: Planning & Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Cheryl Cioffari
AGENDA ITEM WORDING: A Public Hearing to Consider Adoption of an Ordinance, by the
Monroe County Board of County Commissioners, Amending Monroe County Land Development Code
Section 138-24 ("Residential ROGO Allocations") to Eliminate the Existing 1-for-1 Takings and Bert
Harris Act Liability Reduction Exchange Requirement for All 214 of the Remaining Workforce
Affordable Housing Early Evacuation Unit Building Permit Allocations. TIME APPROXIMATE
10:00 A.M.
ITEM BACKGROUND:
On April 21, 2021, the Monroe County Board of County Commissioners ("BOCC", "Board", "Monroe
County", or the "County") adopted BOCC Ordinance No. 006-2021 (the "2021 Ordinance") amending
Land Development Code ("LDC") Section 138-24 ("Residential ROGO Allocations") to establish a new
building permit allocation category to award 300 workforce housing early evacuation unit building
permit allocations created by the State Department of Economic Opportunity under the administration
of Governor Rick Scott and then approved by Governor Scott, Florida Attorney General Pamela Bondi,
Florida Chief Financial Officer Jeff Atwater, and Florida Ag. Commissioner Adam Putnam acting as
the State Administration Commission on June 13, 2018, in which the County, through that 2021
Ordinance, formulated an inverse condemnation("takings") and Bert Harris Act liability reduction
program whereby use of those 300 early evacuation building permit allocations was textually limited to
takings and Harris Act liability reduction exchange program disposition whereby an early evacuation
allocation's allowed use is expressly limited as follows:
"Requests for workforce housing early evacuation unit allocations shall be available only for a 1-
for-1 exchange for [existing] affordable allocations/[affordable] exemptions and require a
reservation via BOCC resolution. . . . The [existing] affordable allocations returned to the County
in exchange for [one of the 300] workforce housing early evacuation unit allocations shall be
banked and used for future Administrative Relief, Beneficial Use Determinations, and to resolve
inverse condemnation cases and Bert J. Harris, Jr., Private Property Rights Protection Act
cases."
See Ordinance No. 006-2021, codified at LDC Section 138-24(e)(2)(a.)(L) ("Workforce Housing
5041
Initiative Allocation Awards, Eligibility, and Requirements") [the above is the text of LDC Section 138-
24(e)(2)(a.)(1.) existing prior to this adoption hearing held on August 20, 2025].
On September 11, 2024, the BOCC, via Public Hearing Item Q3. on the BOCC's published regular
meeting agenda for that day's regular BOCC meeting ("Public Hearings - Q3.: A Public Hearing to
Consider a Request for the BOCC to Approve a Resolution Transmitting to the State Land Planning
Agency an Ordinance, by the BOCC, Proposing to Amend the Comprehensive Plan so as to Newly
Create a Tavernier Workforce Housing Subarea 1, Which Involves Text Changes to the Adopted
Policies of the Comprehensive Plan Which Limits Disposition of Early Evacuation Unit Allocations to a
]-for-] Exchange Program for Banking Into the County's Administrative Relief Pool for Takings and
Bert Harris Act Liability Reduction Countywide, In Order to Allow for 86 Early Evacuation Unit
Allocations to be Awarded for Development Without Requiring In Return an Equal Number of
Affordable ROGO Allocations To Be Banked Into the County's Administrative Relief Pool, as Requested
by Cemex Construction Materials, Florida, LLC, f/k/a Singletary Concrete Products Inc., LLC"),
directed professional staff to initiate the process for Land Development Code and Comprehensive Plan
amendments (i.e., to draft ordinances) to remove that above-highlighted 1-for-1 takings and Bert Harris
Act liability reduction program requirement, which the Board had originally enacted in the 2021
Ordinance, for all of the County's remaining 214 early evacuation unit building permit allocations.
The BOCC, through the Planning and Environmental Resources Department, is now proposing this
amendment to LDC Section 138-24 to eliminate the above requirements (adopted via the Board's 2021
Ordinance) limiting the remaining 214 early evacuation unit building permit allocations to be used to
reduce takings and Bert Harris Act liability countywide via the 1-for-1 takings and Harris Act liability
reduction program.
This proposed amendment will result in potential development of up to 214 additional early evacuation
units (with various income limits) within Monroe County and will result in a reduction of the
availability of allocations that would otherwise be potentially available through administrative relief to
resolve inverse condemnation(takings) and Bert Harris Act claims throughout Monroe County.
"PLEASE SEE ATTACHED STAFF REPORT FOR FULL DETAILS"
PREVIOUS RELEVANT BOCC ACTION:
April 13, 2016 - The BOCC adopted the Monroe County Year 2030 Comprehensive Plan and Monroe
County Land Development Code, which included a ROGO allocation distribution through the Year
2023, based on Rule 28-20.140, Florida Admin. Code, and the State Department of Economic
Opportunity's completion of the hurricane evacuation clearance time modeling task that found that with
10 years' worth of building permits the Florida Keys would be at a 24-hour evacuation clearance time
(Phase 2 of the 48-hour phased/staged evacuation).
May 2, 2018 - Then Governor Rick Scott issued a press release outlining an initiative to the Florida
Department of Economic Opportunity ("DEO") for a Keys Workforce Housing Initiative (Exhibit 1.).
The proposed initiative would create 1,300 additional Rate of Growth Ordinance (ROGO) allocations to
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be dispersed throughout the Florida Keys ("ROGOs" or "Building Permit Allocation Systems"/"BPAS")
for rental workforce housing, with a condition that the rental occupants evacuate in the early phase (i.e.,
48-hour window) of a hurricane evacuation. Any development receiving the units would be required to
sign a rental management agreement indicating they would be required to adhere to said evacuation of
all occupants/tenants of the development. Under the initiative, each jurisdiction would be eligible to
receive up to 300 of these 1,300 additional early evacuation unit building permit allocations. The press
release from Governor Scott's administration specifically stated: "To meet the increased demand for
workforce housing, the innovative Keys Workforce Housing Initiative will require new construction
that participates to commit to evacuating renters in the 48-hour window of evacuation."
June 13, 2018 - As noted above, the Governor of Florida, the Attorney General of Florida, the Chief
Financial Officer of Florida, and the Florida Ag. Commissioner sitting as the State Administration
Commission approved Governor Scott's Workforce Housing Initiative. Florida Keys local governments
that chose to participate in the initiative were to work with DEO to amend their respective
comprehensive plans and/or land development regulations to allow for adding up to 300 of these overall
1,300 additional building permits for rental workforce housing with the condition of early evacuation.
Commissioner Rice called a special meeting for May 10, 2018 at 11 A.M., in Marathon, to provide the
Commission and the public an opportunity to discuss the proposal prior to the State Cabinet meeting
scheduled for May 15, 2018.At that May 10, 2018, Special BOCC Meeting, the BOCC directed County
staff to discuss concerns identified with DEO and provide an update to the BOCC at the next meeting.
May 16, 2018 - County staff provided the BOCC with a report on the Governor's proposal to add 1,300
additional ROGO allocations into Monroe County following meeting(s) with DEO and other State-level
staff. The Board was advised that there would be a State Cabinet meeting scheduled for June 13, 2018
to discuss the addition of these 1,300 additional allocations further.
On May 16, 2018, the BOCC directed County staff to present the Board's questions and concerns
regarding the Workforce Housing Initiative at the meeting with the Cabinet on June 13, 2018.
On June 13, 2018, the Florida Administration Commission approved the Workforce Housing Initiative.
Florida Keys' local governments that choose to participate in the initiative will work with DEO to
amend their respective comprehensive plans to allow for additional building permits for rental
workforce housing with the condition of early evacuation.
August 15, 2018 - The BOCC directed County staff to prepare a discussion and direction item regarding
the Workforce Housing Initiative for the September 19, 2018, regular BOCC meeting.
5043
September 19, 2018 - The BOCC directed County staff to draft proposed policy alternatives to the
State's Workforce Housing Initiative that address several concerns raised related to the enforceability of
the evacuation provisions. Additionally, the BOCC asked the County Attorney to research whether the
State's Housing Initiative, if implemented, would create a precedent that would require the State to
award as many as 10,000 additional units in the future.
January 30, 2019 - The BOCC considered options to accept the 300 units. County staff drafted three (3)
options for consideration by the BOCC:
1. Do not accept the 300 (of the 1,300 overall) early evacuation affordable ROGOs and extend
ROGO allocations through 2026;
2. Accept the 300 (of the 1,300 overall) early evacuation affordable ROGOs and extend ROGO
allocations until 2026; and
3. Accept the 300 (of the 1,300 overall) early evacuation affordable ROGOs and do not extend
ROGO beyond 2023.
The BOCC directed County staff to extend ROGO allocations through 2026, but took no action
regarding the 300 early evacuation affordable ROGOs.
January 22, 2020 - The BOCC adopted BOCC Ordinance No. 005-2020 to extend the remaining market
rate ROGOs out for an additional three (3)years from 2023 to 2026.
January 22, 2020 - The BOCC directed County staff to prepare an agenda item to discuss and provide
direction on whether to direct County staff to process Comprehensive Plan and Land Development
Code amendments to: 1) Move a portion of market-rate Rate Of Growth Ordinance ("ROGO") units to
the affordable housing allocation pool and/or 2) Accept the 300 Workforce Housing units offered by
DEO required to evacuate in Phase 1 of the Hurricane Evacuation model.
February 19, 2020 - The BOCC discussed whether to direct County staff to process a Comprehensive
Plan and Land Development Code amendment(s) to: 1) Move a portion of the 378 remaining Market
Rate - Rate of Growth Ordinance ("ROGO") units through 2026 to the Affordable Housing allocation
pool and/or 2) Accept the 300 Workforce Housing units offered by the Department of Economic
Opportunity ("DEO") required to evacuate in Phase 1 of the Hurricane Evacuation model. The BOCC
did not decide on the potential shifting of market rate allocations to the affordable housing pool but did
direct County staff to initiate the process to accept the 300 (of the 1,300 overall) workforce housing
units.
July 15, 2020 - During a discussion item on potentially shifting market rate allocations to the affordable
housing pool (BOCC Agenda Item I5.), the BOCC provided further direction to County staff on its
ultimate desire to accept the 300 (of the 1,300 overall)workforce housing early evacuation unit building
5044
permit allocations. The BOCC gave the following direction: Accept the 300 workforce housing early
evacuation unit building permit allocations to be used in exchange for existing affordable allocations at
multifamily developments (for developers that agree to the early evacuation restriction) and the
affordable housing allocations returned to the County (returned in the exchange) be set aside and
banked for takings cases (bank them within an administrative relief pool).
January 20, 2021 - The BOCC adopted BOCC Resolution No. 041-2021 to transmit the proposed
amendments to DEO to review the 300-workforce housing early evacuation unit proposal, with a
modification to Monroe County Comprehensive Plan Policy 101.3.12 to eliminate the requirement for a
development agreement. With the 300-unit amendment being structured as a 1-for-1 takings and Harris
Act liability mitigation exchange program, the projects exchanging units that have previously completed
their development review and multiple hearings for a development agreement presented as potentially
unnecessary and costly. The BOCC and County staff could review/approve such exchange(s) through a
Resolution approving a contract. DEO reviewed the amendment and issued an Objections,
Recommendations and Comments ("ORC") report that the County received on March 30, 2021. The
ORC report stated: "[T]he Department does not identify any objections or comments to the proposed
amendment."
April 21, 2021 - The BOCC adopted BOCC Ordinance No. 2021-005 and and BOCC Ordinance No.
2021-006 authorizing the acceptance of the 300 (of the 1,300 overall) early evacuation allocations from
the State and to allow said allocations be used in exchange of existing affordable units/approved
affordable allocations for the purpose of reducing inverse condemnation (takings) and Harris Act
liability county-wide. Additionally, the Ordinance(s) include(d) provisions that allow the returned
affordable units/allocations to be banked to resolve potential takings cases.
September 11, 2024 -At the BOCC's September 11, 2024, regular public meeting the BOCC approved
transmittal to the State Land Planning Agency (Florida Department of Commerce) an Ordinance
approving an amendment to the Monroe County Comprehensive Plan to newly create Goal 113, Object
113.1, and a site-specific subarea 1 (the "Tavernier Workforce Housing Subarea 1") applicable to a
portion of property located at 92501 Overseas Highway, which included text changes to the adopted
policies of Monroe County's Comprehensive Plan, which limit disposition of early evacuation unit
allocations to a 1-for-1 exchange program for banking into the County's administrative relief pool for
takings and Bert Harris Act liability reduction countywide.
September 11, 2024 -At the BOCC's September 11, 2024, regular public meeting, the BOCC
additionally directed Planning & Environmental Resources Department professional staff to begin
processing Comprehensive Plan and Land Development Code text amendments to eliminate the 1-for-1
takings and Bert Harris Act liability reduction exchange requirement for the remaining early evacuation
unit building permit allocations.
December 11, 2024 - At the BOCC's December 11, 2024, public meeting, the BOCC adopted BOCC
5045
Ordinance No. 030-2024 which created a site-specific subarea within Tavernier that permits Cemex
Construction Materials Florida LLC (f/k/a Singletary Concrete Products Inc.) to use 86 of the early
evacuation unit building permit allocations on one single site in Tavernier without meeting the
requirement of the 1-for-1 takings and Bert Harris Act liability reduction exchange required by the
current Comprehensive Plan and Land Development Code.
INSURANCE REQUIRED:
No
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
Ex. 1_Ciov.Scott_Press_Release.pdf
Ex. 2 DBO_DRAFT DRAFT -AFFORDABLB_Moco.pdf
2020-068 BOCC Ord. 006-2021.pdf
202 -215.BOCC. R.08.20.2025 5_.pdf
2024-215.Ordinance.pdf
FINANCIAL IMPACT:
N/A
5046
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FOR IMMEDIATE RELEASE CONTACT: GOVERNOR'S PRESS OFFICE
May 2. 2O18 (850)717-9282
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TALLAHASSEE, Fla. — Governor Scott today directed the Department ofEconomic Opportunity
(DEO)to propose enhanced workforce housing in the Florida Keys as part of the continued efforts to
recover from the tremendous impact Hurricane Irma had on the Keys. Hurricane Irma destroyed much
of the housing that served the workforce population and the proposed Keys Workforce Housing
Initiative will a||ovv local governments to grant additional building permits for rental properties. This
initiative will be presented to the Florida Cabinet at the next meeting.
Governor Scott said, "Hurricane Irma left a devastating impact on our etate, especially in the Florida
Keys and since the storm vve have been working hand to rebuild even stronger than before. For
business owners across the Keye, the availability of affordable workforce housing has been a
challenge that was compounded by Hurricane Irma. The Keys Workforce Housing Initiative will provide
much-needed aooeee to workforce houeing, allowing businesses the opportunity to grow while
providing a plan to ensure Keys residents can evacuate safely before a storm."
OE[> is charged with reviewing local development decisions in the Florida Keys due to its legislative
designation as an Area of Critical State Concern. State |avv requires that growth be limited in the Keys
to ensure that residents can evacuate safely within 24 hours in advance of hurricane. To meet the
increased demand for workforce housing, the innovative Keys Workforce Housing Initiative will require
new construction that participates to oornrnit to evacuating renters in the 48-hour window of
evacuation.
The initiative will a||ovv up to 1.300 new building permits for workforce housing throughout the Florida
Keys. Local governments that choose to participate in the initiative will work with OE{} to amend their
comprehensive plans to allow for additional building permits that meet these safety requirements.
Cieey Prootor, Executive Director ofOE[>. said, ''Ae | have toured the damage from Hurricane |rnna.
the number one priority of business and community leaders is the need for more workforce housing.
We are proud to provide an option to local governments that will help businesses have the talent they
5047
need to remain in the Keys and grow their companies. This solution will not only provide workforce
housing for private-sector businesses but public servants, like law enforcement and teachers, as well.
Our agency is committed to working with our partners in the Keys to provide ample workforce housing
without compromising the safety of Floridians. We appreciate our partners at the Florida Division of
Emergency Management for working with us to make sure Keys residents are still able to safely
evacuate."
Representative Holly Raschein said, "Hurricane Irma pushed the affordable housing problem in the
Florida Keys to a critical state, decimating an already strained stock of housing for our workforce. I
have discussed this concern with Governor Scott and the Department of Economic Opportunity (DEO)
both in Tallahassee and during the Governor's many visits to the Keys as he's lead us through our
recovery efforts. The plan Governor Scott has directed DEO to bring before Cabinet is a creative
solution to the most pressing recovery challenge still facing the Florida Keys and I encourage all
Cabinet members to support this proposal."
Wes Maul, Director of the Florida Division of Emergency Management, said, "Our agency's primary
goal is the safety of Florida residents during disasters. The Keys Workforce Housing Initiative ensures
the safety of tourists and residents of the Keys during major storms, while allowing critical economic
development activities to continue. We appreciate DEO's partnership in this endeavor."
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Goal X—Workforce-Affordable Housing Initiative.
To support Monroe County's workforce by alleviating constraints on affordable housing the County shall
participate in the Workforce-Affordable Housing Initiative, as approved during the June 13, 2018 meeting
of the Administration Commission. The Workforce-Affordable Housing Initiative will require new
construction that participates to commit to evacuating renters in the 48-hour window of evacuation.
Objective XX—Provide Workforce-Affordable Housing Building Permit Allocations.
The County shall establish a new limited category (needs a name-Phase One Affordable
(POA)????) for 300 workforce-affordable building permit allocations to participate in the
Workforce-Affordable Housing Initiative. These allocations are in addition to the maximum
allocations identified in Rules 28-18, Florida Administrative Code. The County shall be
responsible for the management, distribution, and enforcement of requirements associated with
the POA allocations. Monroe County shall ensure adherence to these requirements through
implementing the policies of this objective.
Policy X.1.1—Distribution of Workforce-Affordable Housing Allocations. Workforce-
affordable housing allocations shall be distributed in accordance with (insert policy
describing BPAS ranking procedures or ranking procedures specific to POA).
Policy X.1.2 - Specific Standards and Requirements for Workforce-Affordable Housing.
Workforce-affordable housing units built under this program shall:
a. be multifamily structures,
b. be rental units,
c. require, at a minimum, adherence to the latest edition of the Florida Building
Code as published by the Florida Building Commission,
d. not be placed in the V-Zone or within the Coastal Barrier Resource Systems,
e. require on-site property management,
f. comply with applicable locational criteria and densities for multifamily
affordable housing units,
g. incorporate sustainable and resilient design principles into the overall site
design,
h. ensure accessibility to employment centers and amenities;
i. require deed-restrictions ensuring:
i. the property remains workforce-affordable housing in perpetuity,
ii. tenants evacuate during the period in which transient units are
required to evacuate,
iii. rental agreements contain a separate disclosure requiring renters to
acknowledge that failure to adhere to the evacuation requirement
could result in severe penalties, including eviction, to the resident;
iv. onsite property managers are formally trained in evacuation
procedures.
Policy X.1.3—Evacuation exemptions. Persons living in workforce-affordable housing
who are exempt from evacuation requirements of Policy X.1.2.i.1 include all first
responders, correction officers, health care professionals, or other first-response workers
required to remain during an emergency, provided the person claiming exemption under
this policy has faithfully certified their status with property management.
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Policy-X.1.4—ADA Compliance. All workforce-affordable housing developments must
demonstrate compliance with all applicable federal standards for accessibility for persons
with disabilities.
Policy X.1.4-Evaluation and Report. Monroe County shall Local governments participating in the
program shall provide to the state land planning agency an Annual Report by July 1 (or January 1???)
of each year indicating the number of workforce-affordable units built, occupancy rates, and
compliance with the requirement to evacuate the units in the Phase I evacuation.
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cauar
Kevin Madok, CPA
Clerk of the Circuit Court&Comptroller—Monroe County, Florida
April 30, 2021
Department of State
Adnllnistrative Code& Register
500 S Bronougli Street
Tallahassee FL 32399-0250
To Whom It.May Concern,
At.taclied is an electronic copy of Ordinance No. 006-2021 adopting ainendments to tlne
Monroe County 1Jand Development Code annending die Section 138-24, Residential ROGO
Allocations, to establish a new building permit allocation category to award 300 workforce liousing
early evacuation unit building permit allocations pursuant l.o tlne Workforce-Allordable Housing
Initiative (Workforce Initiative) authorized by the Florida Administration Commission and the
Florida Department Economic Opportunity and to establish the spe6fic workforce initiative
requirements;providing for sererability; providing for repeal of conflicting provisions; providing
for transmittal to die State Iand Planning Agency and the Secretary of State; providing for
annendnnent to and incorlx)ration in [lie Monroe County Land Development Code; providing for
ctivf date. (File No. 2020-068)
'11us Ordinance was adopted by tine Monroe County Board of County Commissioners at a
regular meeting, held in formal session,on April 21, 2021. Should you have any questions please
feel free to contact me at (30.5) 292-3550.
Respectfully Submitted,
Kevin Madok, CPA, Clerk of'
the Circuit Court& Comptroller&
ex-officio to die Monroe County
Board of County Commissioners
by. Pxnela G. HanvrxA, 1).C:
cc: Planning& Isnvironnnental
County Altorney
BO CC
File.
KEY WEST MARATHON PLANTATION KEY PKIROTH BUILDING
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road
Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florid 5051
305-294-4641 305-289-6027 305-852-7145 305-852-7145
2
3
4
5
6 MONROE COUNTY, FLORIDA
7 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
8
9 ORDINANCE NO.006-2021
10
11 A RESOLUTION BY THE MONROE COUNTY PLANNING COMMISSION
12 RECOMMENDING APPROVAL OF AN ORDINANCE BY MONROE
13 COUNTY BOARD OF COUNTY COMMISSIONERS ADOPTING
14 AMENDMENTS TO THE MONROE COUNTY LAND DEVELOPMENT
15 CODE AMENDING THE SECTION 138-24, RESIDENTIAL ROGO
16 ALLOCATIONS, TO ESTABLISH A NEW BUILDING PERMIT
17 ALLOCATION CATEGORY TO AWARD 300 WORKFORCE HOUSING
18 EARLY EVACUATION UNIT BUILDING PERMIT ALLOCATIONS
19 PURSUANT TO THE WORKFORCE-AFFORDABLE HOUSING
20 INITIATIVE (WORKFORCE INITIATIVE) AUTHORIZED BY THE
21 FLORIDA ADMINISTRATION COMMISSION AND THE FLORIDA
22 DEPARTMENT ECONOMIC OPPORTUNITY AND TO ESTABLISH THE
23 SPECIFIC WORKFORCE INITIATIVE REQUIREMENTS; PROVIDING
24 - --FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING
25 PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE STATE LAND
26 PLANNING AGENCY AND THE SECRETARY OF STATE; PROVIDING
27 FOR AMENDMENT TO AND INCORPORATION IN THE MONROE
28 COUNTY LAND DEVELOPMENT CODE; PROVIDING FOR AN
29 EFFECTIVE DATE. (FILE NO. 2020-068)
30
31
32 WHEREAS,pursuant to Article 8 of the Florida Constitution and Section 125.66, Florida
33 Statutes, Monroe County possesses the police powers to enact ordinances in order to protect the
34 health, safety, and welfare of the County's citizens; and
35
36 WHEREAS, Florida Statute § 380.0552., the Florida Keys Area protection and
37 designation as area of critical state concern, establishes the intent to"ensure that the population of
38 the Florida Keys can be safely evacuated", Florida Statute § 380.0552(2)0), and requires that
39 amendments to each local government's comprehensive plan to include "goals, objectives, and
40 policies" to protect public safety and welfare in the event of a natural disaster by maintaining a
41 hurricane evacuation clearance time for permanent residents of no more than 24 hours; and
42
43 WHEREAS,the County adopted a Permit Allocation System known as the Rate of Growth
44 Ordinance (ROGO) in order to provide for the safety of residents in the event of a hurricane
45 evacuation and to protect the significant natural resources of Monroe County, as required by the
46 State of Florida; and
47
Ordinance No.006-2021 Page 1 of 12
File 2020-068
5052
1 WHEREAS, on May 2, 2018, Governor Rick Scott issued a press release outlining an
2 initiative to the Florida Department of Economic Opportunity ("DEO") for a Keys Workforce
3 Housing Initiative to allow 1,300 additional Rate of Growth Ordinance allocations ("ROGO
4 allocations") throughout the Florida Keys for rental workforce housing, with a condition that the
5 rental occupants evacuate in the early phase (48-hour window)of a hurricane evacuation; and
6
7 WHEREAS, on June 13, 2018, the Florida Administration Commission approved the
8 Workforce Housing Initiative, after presentation by DEO that the Phase I evacuation (under the
9 existing staged evacuation plan)can be accomplished in 17.5 hours,leaving additional capacity of
10 6.5 hours in Phase 1; and
11
12 WHEREAS,the Florida Keys face the quadruple impact of high land values, land limited
13 by geographic and environmental features,housing supply limited by controlled growth(including
14 but not limited to the Rate of Growth Ordinance) and a tourism economy with a prevalence of
15 lower paying service-sector employment; and
16
17 WHEREAS, the need to protect and preserve an adequate inventory of
18 affordable/workforce accessible housing is a continual as well as a growing challenge in the
19 Florida Keys,particularly after the impacts of Hurricane Irma which caused significant damage to
20 housing units throughout the Florida Keys; and
21
22 WHEREAS,on September 19,2018,the Monroe County Board of County Commissioners
23 ("BOCC", "Monroe County", or the "County") directed County staff to draft proposed policy
24 alternatives to the State's Keys Workforce Housing Initiative that address several concerns raised
25 related to the enforceability of the evacuation provisions; and
26
27 WHEREAS, on January 30, 2019, the BOCC considered options to accept the 300 units
28 but took no official action; and
29
30 WHEREAS, on January 22, 2020, the BOCC directed staff to prepare an agenda item to
31 discuss and provide direction on whether to direct staff to process Comprehensive Plan and Land
32 Development Code amendments to: 1) Move a portion of market-rate ROGO units to the
33 affordable housing allocation pool and/or 11 Accept the 300 Workforce Housing units offered by
34 the Department of Economic Opportunity required to evacuate in Phase 1 of the Hurricane
35 Evacuation model; and
36
37 WHEREAS,on February 19,2020,the BOCC discussed whether to direct staff to process
38 a comprehensive plan and land development code amendment to: 11 Move a portion of the 378
39 remaining Market Rate-Rate of Growth Ordinance(ROGO)units through 2026 to the Affordable
40 Housing allocation pool and/or 21 Accept the 300 Workforce Housing units offered by the DEO
41 required to evacuate in Phase 1 of the hurricane evacuation model. The BOCC did not decide on
42 the potential shifting of market rate allocations to the affordable housing pool but did direct staff
43 to start the process to accept the 300 workforce housing units; and
44
45 WHEREAS,on July 15,2020,during a discussion item on potentially shifting market rate
46 allocations to the affordable housing pool, the BOCC provided further direction to staff on
47 accepting the 300 workforce housing early evacuation unit building permit allocations.The BOCC
Ordinance No. 006-2021 Page 2 of 12
File 2020-W
5053
1 directed: Accept the 300 workforce housing early evacuation unit building permit allocations to
2 be used in exchange for existing affordable allocations at multifamily developments (for
3 developers that agree to the early evacuation restriction) and the affordable housing allocations
4 returned to the County(returned in the exchange)be set aside and banked for takings cases (bank
5 them within an administrative relief pool); and
6
7 WHEREAS, Monroe County policies and regulations adopted in the Monroe County
8 Comprehensive Plan and Land Development Code are to maintain public health, safety, and
9 welfare of the citizens of the Florida Keys and to strengthen our local government capability to
10 manage land use and development; and
11
12 WHEREAS,the Monroe County Development Review Committee("DRC")reviewed and
13 considered the proposed amendments at a regularly scheduled meeting held on the August 25,
14 2020; and
15
16 WHEREAS, at a regularly scheduled meeting held on October 28, 2020, the Monroe County
17 Planning Commission held a public hearing for the purpose of considering the proposed
18 amendment and provided for public comment; and
19
20 WHEREAS, the Monroe County Planning Commission adopted Resolution No. P 30-20,
21 recommending approval for the proposed amendment,with edits identified in the resolution; and
22
23 WHEREAS, at a regularly scheduled meeting held on April 21, 2021, the Monroe County
24 Board of County Commissioners held a public hearing, considered the staff report, and provided
25 for public comment and public participation in accordance with the requirements of state law and
26 the procedures adopted for public participation in the planning process; and
27
28 WHEREAS, based upon the documentation submitted and information provided in the
29 accompanying staff report, the Monroe County Board of County Commissioners makes the
30 Following findings of fact and conclusions of law:
31
32 1. The proposed amendment is consistent with the Goals, Objectives and Policies of the
33 Monroe County Year 2030 Comprehensive Plan; and
34 2. The proposed amendment is consistent with the Principles for Guiding Development
35 for the Florida Keys Area of Critical State Concern,Florida Statute § 380.0552(7); and
36 3. The proposed amendment is consistent with Part II of Chapter 163, Florida Statutes;
37 and
38 4. The proposed amendment is necessary due to new issues and the need for additional
39 detail or comprehensiveness, as required by Section 102-158 of the Monroe County
40 Code.
41
42 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
43 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
44
45 Section 1. Recitals and Leeislative Intent. The foregoing recitals and statements of
46 legislative intent are true and correct and are hereby incorporated as if fully stated herein.
47
Ordinance No.006 -2021 Page 3 of 12
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5054
1 Section 2.The Monroe County Land Development Code is hereby amended as follows:
2
Proposed Amendment: deletions are slizieken gife additions are shown in underlined.
3
4
5 See. 138-24.- Residential ROGO Allocations.
6 (a) Number of available annual residential ROGO allocations. The number of market rate
7 residential ROGO allocations available in each subarea of the unincorporated county and the
a total number of affordable residential ROGO allocations and Nvorkforcc housin, carlti
9 evacuation unit allocations available countywide shall be as follows:
10
Number of D effing Units
Subarea ROGO Years: ROGO Years:
July 13,2020-July 12,2021 July 13,2023-July 12,2024
July 13,2021-July 12,2022 July 13,2024-July 12,2025
July 13,2022-July 12,2023 July 13,2025-July 12,2026
Upper Keys 31 30
Lower Keys 29 28
Big Pine and No Name Keys 4 4
Total market rate 64 62
Affordable Dwelling Units
Very Low,Low,and Median 360*
Incomes
Moderate Incomes 350*
`Includes one annually for Big Pine Key and No Name Key
Workforce lnitiati►c 300**
** Workft)rce housine early evacuation unit allocations Shall he distributed on a first-conic first-sere
bas1s. Requests for dxvelIIng UI11tS dCN'ej()pC(1 a11d`or dCCd-I-eStricted U(111zing the w[)rkforec hotising early'
e%acuation.unit allocations are suk2ject.tL)the J rovisions of Policy 101.3.12 and Section 139-24(c).
11
Annual Allocation
ROGO Year Workforcc AffordableMarket Rate Initiative Housing
July 13,2013—July 12, 2014 126 71 j
U: 61,L:57,BPKINNK: 8
July 13,2014—July 12, 2015 126 71
U: 61,L: 57, BPKINNK: 8
July 13,2015—July 12,2016 126 NiA
U: 61,L: 57,BPKINNK: 8
126
July 13,2016—July 12,2017 U: 61,L: 57,BPK/NNK: 8
July 13, 2017—July 12,2018 126
Ordinance No.006-2021 Page 4 of 12
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5055
U: 61,L: 57,BPKINNK: 8
126 126 558 total AFH
July 13,2018-July 12, 2019 v; 61,L: 57, BPKINNK: 8 [total available
immediately)
July 13,2019-July 12,2020 126
U: 61,L: 57, BPKINNK: 8
July 13, 2020-July 12,2021 64
U: 31,L:29,BPKINNK:4
64
July 13, 2021 July 12,2022
U: 31,L:29,BPKINNK: 4
64
July 13,2022-July 12, 2023
U: 31,L:29,BPK/NNK: 4
July 13,2023-July 12, 2024 62 300**
U: 30,L:28 BPKINNK:4
July 13,2024-July 12,2025 62
U: 30,L:28,BPKINNK:4
July 13,2025-July 12,2026 62
U: 30,L:28,BPKINNK:4
TOTAL 1,260 300** 710*
*Includes two annual affordable ROGO allocations for the Big Pine Key/No Name Key subarea)
through the Incidental Take Permit(ITP)ending in 2023.
* Workl'orcc housing early e%acuation unit allocations shall be distributed on a first-conie first-serNe
hasis._Reg nests for d we]liiz units cicvcle7ped andiur deed-restricted ut it i zi ng the workfnrce housing early
e acukit1on unit allocations are sub iect to the provisions of Policv 101,3.12 and SccIlon 13 8-2e .
1
2 The State of Florida, pursuant to Administration Commission Rules, may modify the annual
3 allocation rate. The County adopted a slower mite oi' annual allocations_I'm market rate
4 de4 elo 7lnent to extend the allocation unlefi-ame to 2026 wltllout exceeding the total of 1,970
5 allocations. By July 12, ?-0 82023 if substantial financial support is provided by State and
6 Federal partners, the County may reevaluate the ROGO distribution allocation schedule and
7 consider an extended timeframe for the distribution of market rate allocations. If necessary,
8 Monroe County will request a Rule change from the Administration Commission to authorize
9 an alternative allocation timeframe and rate.
10 (1) Yearly residential ROGO allocation ratio. Each subarea shall have its number of market
11 rate residential ROGO allocations available per ROGO year. Affordable ROGO
12 allocations and workforce housing early evacuation unit allocations shall be available for
13 countywide allocation except for Big Pine Key and No Name Key. The allocations for
14 Big Pine Key and No Name Key shall be limited to maximums established in Big Pine
15 Key/No Name Key Livable CommuniKeys Plan, Incidental Take Permit and Habitat
16 Conservation Plan.
17 (2) Quarterly residential ROGO allocation ratio. Each subarea shall have its number of
18 market rate housing residential ROGO allocations available per ROGO quarter
19 determined by the following formula:
Ordinance No. 006-2021 Page 5 of 12
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5056
I a.Market rate residential ROGO allocations available in each subarea per quarter is equal
2 to the market rate residential ROGO allocations available in each subarea divided by
3 four.
4 b. Affordable housing residential ROGO for all four ROGO quarters, including the
5 allocations available for Big Pine Key, shall be made available at the beginning of
6 the first quarter for a ROGO year. Beginning July 13, 2016, the balance of all
7 remaining affordable housing residential ROGO allocations shall be made available
8 for award.
9 e. Workforce Initiative allocations shall be made available at the he minnin g of the first
10 ytiarter of IZ G0 !ear July 13. 2021—Jul , 12, 2022. All allocations shall be
11 available flit award, and shall be distributed on a first-came first-serve basis.
12 Regucsts for N orkfi)rce housing: early evacuati011 unit allocal1011s shZill require a
13 reservation via BOCC resolution.
14 (3)Ratio of very low income, low income, and median income allocations to moderate income
15 allocations. The Planning Commission may amend these proportions for affordable
16 housing during any ROGO quarter.
17 (4)Big Pine Key and No Name Key.
18 a. All allocation awards on Big Pine Key and No Name Key are subject to the provisions
19 of the Incidental Take Permit (ITP), the Habitat Conservation Plan (HCP) and
20 Livable CommuniKeys Plan (LCP) for the Florida Key Deer and other covered
21 species,which may affect ROGO allocations under this article.
22 b. In the Big Pine Key/No Name Key sub-area the annual maximum number of residential
23 permit allocations that may be awarded in Tier I shall be no more than one(1)every
24 2 years. Until the ITP, HCP, Biological Opinion, and LCP are amended, a property
25 owner attempting to develop his property may be granted an allocation through the
26 ROGO process that may be used once that property owner obtains all required
27 permits and authorizations required under the Endangered Species Act and other
28 applicable federal and state laws. The allocation will remain valid so long as the
29 applicant diligently and in good faith continues to work with USFWS to conclude
30 the coordination and pick up a building permit.
31 (5)Limit on number of allocation awards in Tier I.
32 a. Big Pine Key/No Name Key subarea: The maximum ROGO allocations in Tier I shall
33 be no more than one (1) every two(2) years.
34 b. Upper Keys subarea: The annual maximum ROGO allocations in Tier I shall be no
35 more than three(3).
36 c. Lower Keys subarea: The annual maximum ROGO allocations in Tier I shall be no
37 more than three(3).
38 (b) Reservation of affordable housing allocations. Notwithstanding the provisions of Section
39 138-26 for awarding of affordable housing allocations or workiin-c:e initiative (workti�rce
40 housing early evacuation unit) allocations, the BOCC may reserve by resolution some or all
41 of the available affordable housing allocations or available workfi)rce initiative allocations for
42 award to certain sponsoring agencies or specific housing programs consistent with all other
43 requirements of this chapter. Building permits for these reserved allocations shall be picked
44 up within six months of the effective reservation date, unless otherwise authorized by the
45 BOCC in its resolution.The BOCC may,at its discretion,place conditions on any reservation
46 as it deems appropriate. These reservations may be authorized by the BOCC for:
Ordinance No. 006-2021 Page 6 of 12
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5057
1 (1)The county housing authority,nonprofit community development organizations,pursuant
2 to Section 139-1(e), and other public entities established to provide affordable housing
3 by entering into a memorandum of understanding with one or more of these agencies;
4 (2) Specific affordable or employee housing projects participating in a federal/state housing
5 financial assistance or tax credit program or receiving some form of direct financial
6 assistance from the county upon written request from the project sponsor and approved
7 by resolution of the BOCC;
8 (3)Specific affordable or employee housing projects sponsored by nongovernmental not-for-
9 profit organizations above upon written request from the project sponsor and approved
10 by resolution of the BOCC;
11 (4) Specific affordable or employee housing programs sponsored by the county pursuant to
12 procedures and guidelines as may be established from time to time by the BOCC;
13 (5) Specific affordable or employee housing projects by any entity, organization, or person,
14 contingent upon transfer of ownership of the underlying land for the affordable housing
15 project to the county,a not-for-profit community development organization,or any other
16 entity approved by the BOCC, upon written request from the project sponsor and
17 approved by resolution of the BOCC; or
18 (6)Rental employee housing projects situated on the same parcel of land as the nonresidential
19 workplace for the tenants of these projects,upon written request from the property owner
20 and approved by resolution of the BOCC, or-.
21 {7)_VVorkin1-ce initiative housing projects, pursuant to Police 101.3.12 and Section 138-24(c),
22 that require occupants to c�actuate in Phase i of the 48-hr evacuation of a Pending major
23 hurricane. ilre restricted to rental occupancy. and for those w1io deri-,'c at least 7Mi) o€
24 their income as members ofthe xvork€brcc in Monroe County and xyho meet the affordable
25 housing incotne categ«<'ies of the Molv-oc Couti�'.Lattd l7iveloptnetit Code.
26 (c)Affordable housing allocation awards and eligibility.
27 (1)The definition of affordable housing shall be as specified in Sections 101-1 and 139-1.
28 (2)Any portion of the affordable housing allocation not used for affordable housing at the end
29 of a ROGO year shall be made available for affordable housing for the next ROGO year.
30 (3) No affordable housing allocation shall be awarded to applicants located within a Tier I
31 designated area, within a V-zone on the county's flood insurance rating map, or within a
32 Tier III-A(special protection area)designated area.
33 Notwithstanding the foregoing, and notwithstanding Section 138-24(a)(5), affordable
34 housing ROGO allocations may be awarded to Tier I or Tier III-A properties which
35 meet all of the following criteria.
36 a. The property contains an existing market rate dwelling unit that meets the criteria in
37 LDC Section 138-22(a)and is determined to be exempt from ROGO;
38 b. The proposed replacement affordable dwelling unit meets current Florida Building
39 Code and is not a mobile home;
40 c. The proposed replacement dwelling unit shall be deed restricted for a period of at least
41 99 years as affordable housing pursuant to the standards of the Land Development
42 Code;
43 d. The proposed site plan for the replacement affordable dwelling unit does not propose
44 any additional clearing of habitat; and
45 e. The structure is not proposed to be within a V-zone on the county's flood insurance
46 rating map.
Ordinance No.006-2021 Page 7 of 12
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1 (4) Only affordable housing allocations for Big Pine Key may be used on Big Pine Key.No
2 affordable housing allocation may be used on No Name Key.
3 (d) Dwelling unit allocation required. The county shall issue no building permit for a dwelling
4 unit unless such dwelling unit:
5 (1)Has a dwelling unit allocation award; or
6 (2)Is exempted from the dwelling unit allocation system pursuant to this chapter or is deemed
7 vested pursuant to Section 138-22.
8 c Workforce lnitiatiye allocation awards elf jbilit)° and requirements.
9 1 Pursuant to Policies 10l.3.2 101.3.3 and 101.3.12, Monroe County establishes a new
10 allocation cat ory to award 300 workforce housing, early evacuation unit building permil
11 allocations pursuant to the Workforce-Aflordable llousing Initiative (Workforce Initiative).
12 The Workforce-Aflbrdable Housing initiative will require dwelling units o:ortstructcd and/ or
13 deed restricted with workforce linusing early evacuation building Permit allocations_ to
14 ex aeuatc occupants in (base i oaf the 48-11r evacuation of a pentiing_nlajor hurricane.
15 2 Dwelling, units developed and/or deed restricted utilicin J the worklorce initiative
16 alloca[fo7ns are subject to the 661lo�ing:
17 a. R C(I nests for workforce housings earl y cvacuation unit allocations shall be available onl
18 for a 1 for 1 exchan sc ]or affordable allocations/exemptions and require a reservation
19 via BOCC resolution. The BOCC may, at its discretion, place conditions on an
20 rescrvation as it deems approopriale.The BOCC may,at its discretion,exchange cxistint.;
21 rescr�cd affordable iIIoc ttions for allocations under the Workforce Initiative to private
22 develo mcnt and non profit sector partners willing, to meet the requirements of the
23 workforce housing early evacuation unit allocations. Further. the BOCC inLiy, at_its
24 discretion a p prove the exclian(ge of existin , deed-restricted affordable housin T units
25 (lawful affordable exeniptions) at existing multifamily residential developments for
26 allocations under the Workforce Initiative to private development and nonprofit sector
27 partners willing to meet the requirements of the workforce housingearly evacuation
28 unit allocations.
29 1. The affordable allocations returned to the County in exchange for workforcc
30 housing emly evacualtian unit allocations shall be banked and usedJOr future
31 administrative relief. beneficial use determinations and to resolve inverse
32 condcmnation cases and Bert I Harris_ Jr. Private I'ro pert y Ri skits Protection Act
33 cases.
34 2. To maintain consistency! with Rule 28-20.140(2)(b),_ F.A.0.. the affordable
35 allocations returncd to the Count y shall be maintained as affbrdable allocat ions,Incl
36 shall also he returned to the on 7ina1 affordable housing, income category ver
37 low/low/median 111eome Vs._ltxxferale income pool).
38 3. The worklorce housing curly evacuation unit allocations must be utilized batted on
39 the original approved affordable housing, income category or a lesser income
40 categorV.
41 4. Administrative reliefineans actions taken by the COLIMY srantin = the owner of'real
42 property- relief from the continued application of the Rate of Growth Ordirrtnce
43 ROGO) ,restrictions provided the ni et the criteria established in the
44 Comprehensive Plan and land Development Code.
45 5. 13e1016al use means the use of ro venty that allows an owner to deriN,c a benefit
46 or profit in the exercise of it basic property right. For the purpose of this policy
Ordinance Into. 006-202t Page 8 of 12
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5059
1 beneficial use sliall mean the mininium use of the property necessary to avoid the
2 fii7din,, of'a regulatory taking under current land use case law.
3 b. 'I-he construction of d we]Iin=units. the red eve lo ment or the deed restriction of existin =
4 dwelling units uulizin = workborce housing early evacuation unit allocations shall
5 require approval of a resolution aptprovitjg a contract between the BOCC and the
6 applicant to officially exchange the allocations and confirm compliance X�ith the
7 requirements Workforce InrtlatlV e.
8 c. All Nvorkforce housing early evacuation units require a deed-restriction ensuring:
9 1. Before any building permit ]nay be issued for any structure, portion_or phase of a
10 project subject to the Workforce Initiative. a restrictive covenant shall be approved
11 by the Planning Director and County Attorney and recorded in the C)liice of the
12 Clerk offhc Count y to ensure comp I iance with the provision of'l11is section runlpillg,
13 in favor of the County and enforceable by the County and if' applicable. a
14 artici.atin,= 117unici alit •. The folloNvin = requirements shall apply to these
15 restrictive covenants:
16 1. The covenants for any workforce housing early evacuation units shall be
17 effective for 99 years.
18 i1. The covenants shall not commence running until a certificate of'nccu pancv
19 has been issued by, the Building Official for the dwelling unit or dwelling
20 units to which the covenant or covenants apply.
21 iii. For existing dwelling units that are deed-restricted as workforce_housinu
22 early evacuation units. the covenants shall commence running 11pon
23 recordation in the C7fiicial Records of'Monroe County.
24 2. The covenants shall rec uire that the workforce housing early evacuation units to be
25 restricted to rental occupancy for those who derive at least 70`:'0 ofiheir inconic as
26 members ofthe workforce in Monroe County and who meet the affordable 17ol1Sing
27 income caste=pries of the Monroe County Land Development Code.The occupants
28 are required to annuaIIy verify their employment and income: eligibility.
29 3.The coven ants.shaII require occupants to evacuate in_Phase 1 of'the 48-hr evacuation
30 of a pending major hurricane. Persons living in the workforce housing, early
31 evacuation units who may be exempted from evacuation requirements are limited
32 to law enforcement_ correctional and fire personnel,_health care personnel, and
33 public emLlgyges xvith emerg icicy management.responsibilities. If' there is an
34 nccu pant that indicates their em plo ymeat is con sidered a `first-res ponder posIt1on'
35 and not included in the list of exen7 [ions above then the Planning Director shall
36 determine, in writing, whether the person may be exempted_ because of a
37 requiremgit to remain during an emergency. An ._person claiming, excl?7ption
38 under this provision Shall submit of an affidavit of qualification and faitl7full ;
39 ccrtily their status with the onsite properly management.
40 4. The covenants shall require rental agreements which contain a se crate disclosure
41 requiring rental occupants to acknowledge the existing restrictive covenant on the
42 unit requiring actuation in Phase 1 of the 48-hr evacuation and that failure: to
43 adhere to the Phase l evacuation requirement could_result in severe penalties.
44 including,eviction, to the occupant.
45 5. The covenants shall require onsite property managers and a separate employment
46 disc:losure requiring the maintenance of training in evacuation procedures and an
Ordinance No. 006-2021 Page 9 of 12
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5060
1 acknowledgement that_failure to adhere to the Phase l evacuation requirement
2 could result in severe pemlties including termination.
3 d. Worklorce housing early evacuation units shall be restrlcicd to rental occupancy,
4 those who derive at least 701,0 oftheir income as members ofthe workforce in Monroe
5 County and �0io inect the affordable housing income c:a.tegcn-ies of the Monroe County
6 Land Devclo]ment Code. Workfbrce means individuals or families evho are gainfully
7 employed supplying goods and/or services to Monroe County residents or visitors.
8 e. W01'k10]-Ce 11MISilIg early evacuation units sliali require onsile property management
9 With property mana«crs trained in evacuation P1,ocedures and required to manage the
10 evacuation of tenants in Phase I of all evacuation. ❑uril] = tradiliol]al �N,orking hours.
11 the property manager must he at an office wilhin the workforce_housin,1.,1 early
12 evacuation unit development subject prolmly. Outside the traditional working hours.
13 the ro erty manager must be available at all times to res one[ to evacuation orders.
14 f. The property mana 7ement entity-for the worklbrce housing early evacuation units sliall
15 he required to annually verifythe employment and income eligibility of tenatits; report
16 the total units oil the site, the occupancy rates of unils, and tenant compliance with the
17 requirement to evacuate the units in Phase I of an evacuation, including the number cif
18 occupants that are exempt From the evacuation requirements. The ro pert
19 manag.ement entity must subn]it a report to the Planning and Environmental Resources
20 Department by May 1 of each year. Further, each lease and this annual report_shall he
21 kept by the property manager and he available for. ir]spection-lb.the County during
22 traditional �v,orking hours. --
23 g. Workforce h0usi11g early-evacuation units shall he located ev,ithin an area designaled_as
24 Tier III.
25 1]. Workforce housing early evacuation units shall not be located in the V-Zone or within
26 a Coastal Barrier Resource System (CBRS).
27 i. Workforce housing earl evacuation units shall be located on a properly v hich has 111
28 3n1rastructu3-e available (potablc \Pater, adequate wastewater lreaiment and disposal
29 wastevkaler meeting adopted LOS. paved roads, etc.).
30 i. All worklnrce housing carly evacuation units must demonstrate compliance with all
31 applicable federal standards for accessibility fair persons with disabilities (ADA
32 Compliance).
33 k. To the greatest extent practicable, it dcvclopnlent utilizing ',A,ork-force..housing early
34 evacuation unit allocations shell incorporate sustainable and resilient design principles
35 into the overall site design and he accessible to employment centers in Key West, Stock
36 Island and Marathon.
37
38
39 Section 3. Construction and Interpretation. This Ordinance is necessary for the health,
40 safety, and welfare of the residents of and visitors to the County.This Ordinance shall be liberally
41 construed to effect the public purpose(s)hereof. Interpretation of this Ordinance shall be construed
42 in favor of the Monroe County Board of County Commissioners ("Monroe County" or the
43 "County"), and such construction or interpretation shall be entitled to great weight in adversarial
44 administrative proceedings, at trial,in bankruptcy,and on appeal.
45
Ordinance No. 006-2021 Page lU of 12
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5061
1 Section 4. Inconsistency, Partial Invalidity, Severability, and Survival of Provisions.
2 If any provision of this Ordinance,or any portion thereof, is held to be invalid or unenforceable in
3 or by any administrative hearing officer or court of competent jurisdiction, the invalidity or
4 unenforceability of such provision, or any portion thereof, shall neither limit nor impair the
5 operation, enforceability, or validity of any other provision of this Ordinance, or any remaining
6 portion(s) thereof. All other provisions of this Ordinance, and remaining portion(s) thereof, shall
7 continue unimpaired in full force and effect.
8
9 Section 5. Repeal of Inconsistent Provisions. All ordinances or parts of ordinance in
10 conflict with this ordinance are hereby repealed to the extent of said conflict. The repeal of an
11 ordinance herein shall not repeal the repealing clause of such ordinance or revive any ordinance
12 which has been repealed thereby.
13
14 Section 6. Transmittal. This Ordinance shall be transmitted to the Florida State Land
15 Planning Agency as required by Florida Statute § 380.05(11)and Florida Statute § 3 80.05 52(9).
16
17 Section 7. Filins. This Ordinance shall be filed in the Office of the Secretary of the State
18 of Florida but shall not become effective until a final order is issued, according to Florida Statute
19 § 380.05(6),by the Florida State Land Planning Agency or Administration Commission approving
20 the Ordinance, and if the final order is challenged, until the challenge to the final order is resolved
21 pursuant to Chapter 120, Florida Statutes.
22
23 Section 8.Inclusion in the Monroe County Code.The provisions of this Ordinance shall
24 be inciuded and incorporated in the Monroe County Code, as an addition to amendment thereto,
25 and shall be appropriately renumbered to conform to the uniform marking system of the Code.
26
27 Section 9. Effective Date. This Ordinance shall become as provided by law and stated
28 above.
29
30 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
31 Florida, at a regular meeting held on the 21'`day of April 2021.
32
33 Mayor Michelle Coldiron Yes
34 Mayor Pro Tern David Rice Yes
35 Commissioner Craig Cates Yes
36 Commissioner Eddie Martinez Yes
37 Commissioner Mike Forster Yes
38
39
40
41 BOARD OF COLiNT IONERS
42 OF MONRZE FLOI r
43
44 BY:
45 MAYOR MICHELLE COLDIRON
46
Ordinance No. 006-2021 Page 11 of 12
File 2020-068
5062
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MONROE CO-UWTY ATTORNEY
h \= APP TO FORM
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~ IN MADO ,CE£R
~® � PETER MORRG
4zztJ ` AsSSTANT COUP ATTOnNEY
5 AS DEPUTY CLERK Date: 4.5,21
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Ordinance No,006-2021 Page Q of G
File 2020+a
5063
i f
AILWKELAIWEST
�N
The Florida Keys Only Daily Newspaper,Est. ta7a
PO Box 18P7,Key MW FL 3W41
P.(306)292-7777ex1.2r8 F.{305]205-9025
7egals�kvysrwws.00m
MONROE CO PLANNING DEPT
MLIRRY E NELSON GOVERNMENT CENTER
102050 OVERSEAS HWY
KEY LARGO FL 33037
Account: 138694 Ticket:385635
PUBLISHER'S AFFIDAVIT
STATE OF FLORIDA
COUNTY OF MONROE [legal.text]
Before the undersigned authority personally appeared
f who on oath Ws that he or she is
1
E of the Key West Citizen,a daily
newspaper publishei6l in V4b1VAM in Monroe County,Florida;that the attached
copy of advertisment,being a legal notice in the matter of was published on said
newspaper in the issues of
Sunday,April 4,2021
Aff9ant v'N tir says that the Key Wrest Citizen is a newspaper published in Key
West,in said Monroe County,Florida and that the said newspapers has hereto-
fore been continuously published in said Monroe County,Florida every day,and
has been entered as periodicals matter at the post office in Key West,in said
Monroe County,Florida,for a period of t year next pnscading the first publication
of the attached copy of advertisement;and aftnt further says that he or she has
net id nor ny person,firm or oorporatlon any discount,rebate,
n or re rtd far purpose of securing this advertisement for publica-
ti in
c Of
ANC
&Nnne)
ma this IOth dey of April 2021
as (Notary Seal)
My commission expires
Personally Known_Z_ Produced Identification
Type of Identification Produced
�.Ay Notary Put>A1C State o1 F10n0a
`d4f M,nty n weed
My COmiR;5s1U1i}{, G44532
OF
>_xpres 3312512073
MONROECOPL 39 18%3 5 I.W i 4/1W21 1:27 PM
5064
MONROE COUNTY BOAR66F
COUNTY COMMISSIONERS
NOTICE OF PUBLIC:MEETING AND
NOTICE OF PUBLIC HEARING
NOTICE OF CHANGE TO THE MONROE
COUNTY COMPREHENSIVE' PLAN
NOTICE OF CHANGE TO THE MONROE
COUNTY LAND DEVELOPMENT CODE
April 21, 2021
NOTICE R fiffew a1YEN mat on wlearw.NW"I+,w""mmme foss of cou*
Commlaelonsrs wm hold afl1c lY mm ft.l,vp mft at OMAM.The WM P"ro wM be a hytxld format
with the County Corm*mlan members rneetkrp 11m in Maralhm whits1hs Mgft"be able to poWpate via
Zoom Wtabilar.Ttw*Mow**Items wN be oansk*ed at a PUBIX 91270
PUBIIC HEARINGS:UN PM(or se soon thereaRsr as may be hawo:
ADOPTING
AMENDMENTS TO THE MONROE COUNTY 203o COMPREHENSIVE PLAN AMENDING THE FUTURE LAND
USE ELEMENT AND THE HOUSING ELEMENT TO ESTABLISH A NEW BUILDING PERMIT ALLOCATION
CATEGORY TO ACCEPT AND AWARD 300 WORKFORCE HOUSING EARLY EVACUATION UNIT BUILDING
PERMIT ALLDCATIONS PURSUANT TO THE WORKFORCE-AFFOFK ABLE HOUSING INITIATIVE
[WORKFORCE INITIVIVO AUTHORIZED BY THE FLORIDA ADM"STRATION COMMISSION AND THE
FLORIDA DEPARTMENT ECONOMIC OPPORTUNITY BY AMENDING AS WELT.AS CLARIFYING POLICIES
101.2.2, 101-2.4, 101.3.1, 101.3.2.1b1.3.3, 101.3.4, 101.3.10.101.3,11,001.1,801.11,am.1.2,1t01.1.8,
8D1.1,11,601.5.1 AND CREATING NEW POLICY 101.3.12 TO ESTABLISH THE sF'BCIFIC WORKFORCE
INITIATIVE RSQUIREMEINTS:PROVIDING FOR SEVERABILITY,PROVIDYNG FOR REVEAL OF�
PROVISIONS; PROWDIAIG FOR 1RIUNSMITTAL TO THE STATE LAND.PIAWAN[ •I ICY.AF10 THE
SECRETARY OF STATE:PROVIDING FOR NDLUSION IN THE MONROE COUINTY DIVE FLAN'
PROVIDING FOR AN EFFECTIVE DATE. (FILE 2020-087)
AOOvnNo
AMENDMENTS TOTHE MONROE.COUNTY LAND DEVELOPMENTCODEAMEN0NNGTW 188-24.
RESIDENMI-ROGO ALLOCATIONS,Tq ESTABLISH A NEW BUILDING PEt1f1T ALLflOMONtAT600W
TO AWARD 300 WORKFORCE HOUSING EARLY EVACUATION UNIT SU4DIN[;I PW#&Ai t-OCiATIONB
PURSUANT TO THE WORKFORCE-AFFORDABLE HOUSING VM%TM WDWFOAOE Nl4MATM
AUTHORIZED BY THE FLORIDA AILINNISTRAIION COMMISSION AND THE FLORtD&MWA ITMENT
ECONOMIC OPPORTUNITY AND TO ESTABLISH THE SPKM WORKFORCE 1RpT44TIWfdbl1 iM,
PROVIDING FOR SEVERASILf3Y;PROVIDING FOR REPEAL OP 06NFLWVM PROVISION$; G
FOR TRANStupTTALTOTHE STATE LAND PLANmNGAGE14C1f ANDTHE�ETAR'Y OFSTATE:=G
FOR AMENDMENT TO AND INCORPORATION IN THE MONROE COUNTY LAND DEVELOPMENT CODE;
PRDNbiNG FOR AN EFFECTIVE DATE, (FILE 2020-0BS)
Please►visit to Nlorroa Courtyr 11Ja1fs14a at 1af nlaetktp agenda updMss end
krtormatipn mQ=%JkV Ow various plforra araN1,1 to fha PAS v"1M Yw meednp andfer to
make Public cmavwnfa on euUM Nerns.
Pursuant to Section 288.0105 Rwft Siam p a ptf w Gl COW to appeal any aecisim of Ih9 Dow of
County Commlaaloners,with mAo t.Y to ww matter owm inbred at the or h aft,he or she"now a
record of the proceea AW,and Abet.for such purpose,tm or she may need to onawe a verbatim rK*d of the
proceeOnDs is made.whth record hxAtdas 8re veatimway A avldenoe Lpon which Ow 4opeai is to be bwged
ADA ASSISTANCE N you mv,a person wfth a dbobft who needs special ac oonmxXiI A na to ordiw
to paracip to fn this prooeadim IA"owftw tha N+at+W AdNnAWPkwvr'a OHIO%by p►onMg on
202-4441,bstwmm the hours o1 NM a.m.-&W p.m.,no A tar ttrarr five(5)cafutdar da"prior to bbe
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►urn S.2021 Ky Won Gftw
5065
2
3 .,,.
4 MEMORANDUM
5 MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT
6
7 To: Monroe County Board of County Commissioners
8
9 Through: Devin Tolpin, A.LC.P.,i C.F.M.,2 Senior Director
10 Monroe County Planning and Environmental Resources Department
11
12 From: Cheryl Cioffari, A.LC.P., Assistant Director of Planning
13 Monroe County Planning and Environmental Resources Department
14
15 Date: July 26, 2025
16
17 Subject: An Ordinance, by the Monroe County Board of County Commissioners, Amending
18 Monroe County Land Development Code Section 138-24 ("Residential ROGO
19 Allocations") to Eliminate the Existing 1-for-1 Exchange for the Remaining Workforce
20 Affordable Housing Early Evacuation Unit Building Permit Allocations3
21
22 Meeting: August 20, 2025
23
24 I. REQUEST
25
26 The Monroe County Planning & Environmental Resources Department, as directed by the BOCC on
27 December 11, 2024, is proposing amendments to the Land Development Code, amending Section 138-
28 24, Residential ROGO Allocations, to eliminate the existing 1-for-1 exchange for the remaining
29 workforce affordable housing early evacuation unit building permit allocations.
30
31 II. BACKGROUND INFORMATION
32
33 Section 380.0552,F.S.,the Florida Keys Area protection and designation as area of critical state concern,
34 establishes the intent to "ensure that the population of the Florida Keys can be safely evacuated,"
35 [380.0552(2)(j), F.S.] and requires that amendments to each local government's comprehensive plan to
36 include "goals, objectives, and policies to protect public safety and welfare in the event of a natural
37 disaster by maintaining a hurricane evacuation clearance time for permanent residents of no more than
38 24 hours. The hurricane evacuation clearance time shall be determined by a hurricane evacuation study
39 conducted in accordance with a professionally accepted methodology and approved by the state land
40 planning agency" [380.0552(9)(a)2, F.S.].
41
42 In order to accomplish the hurricane evacuation requirements by the State,the County adopted a Permit
43 Allocation System known as the Rate of Growth Ordinance (ROGO).
44
45
i American Institute of Certified Planners(A.I.C.P.)—Certification.
2 Association of State Floodplain Managers(A.S.F.M.)—Certified Floodplain Manager(C.F.M.).
3 Monroe County Planning and Environmental Resources Department File No. 2024-215.
BOCC SR 08.20.2025 Page 1 of 21
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5066
l�lcrif Keys' n Is to Implement ent goals,, ,� tiv stnd N:
"' � purpose this Amendment
policiesc theComprehensive Plan r+ la�ted� to r r .ctl4h f
residents, visitors arid, property in than County i'm^om natmaaaCnt ' l a.Rear ,.
specifically including hurricanes, by adopting a Dwelling Unit Allocation,
Ordinance limiting annual residential development ent in Monroe County to an.
amount and rater commensurate with than CoaL nt; 's ability to maintain am reason-
able and safe hurricane evacuation clearance tirne, as determined by policy
decisions and recently completed studies, The present hurricane evacuation
clnarRnce time In Monroe County Is unacceptably l higb. Based on as continua-
tion of Monroe Count is historic rate of growtb, clearance time will cnntin—
e to Increase. Therefore, consistent with its responsibility for protecting
the health and safety of its citizens, Monroe County must regulate the rate
of population growth conimenwurate with planned increases In evacuation
evacuation
capacity t
clearance tln'me v Regulation nI°nthermraterlm �Im�m growth will hurricaneprevent
p also help to re en
p t
further deterioration of public facility service levols, irreversible onvi-
ronniental degradation, and potential land use conflicts.
1
2 ROGO Adopted Pursuant to Ordinance No. 016-1992,Adopted June 23, 1992
3
4 The Rate of Growth Ordinance (ROGO) was implemented to provide for the safety of residents in the
5 event of a hurricane evacuation and to protect the significant natural resources of Monroe County, as
6 required by the State of Florida. The County originally reduced the annual permitting rate from
7 approximately 500+ units per year to 255 units per year. Later the State adjusted the annual allocation
8 (see Rule 28-20, F.A.C.) to 197 units per year. Each year's ROGO allocation of 197 new units is split
9 with a minimum of 71 units allocated for affordable housing and market rate allocations cannot exceed
10 126 new residential units per year.
11
12 In 2012, pursuant to Rule 28-20.140, F.A.C., the Department of Economic Opportunity (DEO)
13 completed the hurricane evacuation clearance time modeling task and found that with 10 years' worth
14 of building permits, the Florida Keys would be at a 24 hour evacuation clearance. Based upon the
15 resulting 24 hour evacuation clearance, DEO determined the remaining allocations for the Florida Keys
16 (3,550 additional permits countywide, 1,970 of these permits would go to Monroe County). In March
17 2013, the Governor and Cabinet, sitting as the State Administration Commission, approved the
18 recommendation to allocate 10 years' worth of growth to the Florida Keys.
19
20 Previous Relevant BOCC Action
21 On April 13, 2016, the BOCC adopted the 2030 Comprehensive Plan and Land Development Code,
22 which included a ROGO allocation distribution through the year 2023,based on Rule 28-20.140,F.A.C.,
23 and the Department of Economic Opportunity's completion of the hurricane evacuation clearance time
24 modeling task that found with 10 years' worth of building permits, the Florida Keys would be at a 24
25 hour evacuation clearance time (Phase 2 of the 48-hr phased/staged evacuation).
26
27 On May 2, 2018, Governor Rick Scott issued a press release outlining an initiative to the Florida
28 Department of Economic Opportunity ("DEO") for a Keys Workforce Housing Initiative (Exhibit 1).
29 The proposed initiative would allow 1,300 additional Rate of Growth Ordinance (ROGO) allocations
30 throughout the Florida Keys (ROGOs or Building Permit Allocation Systems) for rental workforce
31 housing, with a condition that the rental occupants evacuate in the early phase (48-hour window) of a
32 hurricane evacuation. Any development receiving the units would be required to sign a rental
33 management agreement indicating they would be required to assure the evacuation of all occupants of
BOCC SR 08.20.2025 Page 2 of 21
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5067
I the development. Under the initiative, each jurisdiction would be eligible to receive up to 300 of these
2 units. The press release specifically stated, "To meet the increased demand for workforce housing, the
3 innovative Keys Workforce Housing Initiative will require new construction that participates to commit
4 to evacuating renters in the 48-hour window of evacuation."
5
6 Commissioner Rice called a special meeting for May 10, 2018 at 11 a.m. in Marathon to provide the
7 Commission and the public an opportunity to discuss the proposal prior to the Cabinet meeting (May
8 15, 2018). At the May 10, 2018 Special BOCC Meeting, the BOCC directed County staff to discuss
9 concerns identified with DEO and provide an update to the BOCC at the next meeting.
10
11 On May 16, 2018, the County Attorney provided the BOCC a report on the Governor's proposal for
12 1,300 additional ROGO allocations following her meeting with DEO and state level staff. He advised
113
4 the Board that they have a cabinet meeting scheduled for June 13,2018 to discuss the allocations further.
15 On May 16, 2018, the BOCC directed County staff to present the Board's questions and concerns
16 regarding the Workforce Initiative at the meeting with the Cabinet on June 13, 2018.
17
18 On June 13, 2018, the Florida Administration Commission approved the Workforce Housing Initiative.
19 Florida Keys' local governments that choose to participate in the initiative are to work with DEO to
20 amend their respective comprehensive plans to allow for additional building permits for rental workforce
21 housing with the condition of early evacuation.
22
23 DEO provided County staff with preliminary draft language based on the minimum requirements
24 established in the initiative to use as a startingpoint when drafting proposed language (Exhibit 2). The
25 DEO issued the graphic below demonstrating the 2012 Hurricane Evacuation model results that
26 indicated there were still 6.5 hours of additional road capacity in Phase I of the hurricane evacuation
27 model.
e
FOUKIT 9,18,11TS IF 40 MW TO 111 00,
TRA
o
T MEANS INA 48,0060
..
Pmw Tom is 6,
9dOF AMOULCAPACITY
A ` CAPAUTY
+.iphrykry
AIIp�IIffANFfMWW
MI I�
111000 11 is I
II K ENOMAITE �
I MIS
28
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I In support of the Housing Initiative at the June 13, 2018 Cabinet meeting,DEO staffmade apresentation
2 stating that the Phase I evacuation (under the existing staged evacuation plan) can be accomplished in
3 17.5 hours, leaving additional capacity of 6.5 hours in Phase I DEO concluded that the Housing
4 Initiative "will not interfere with the 24-hour evacuation model and satisfies the statutory mandate to
5 provide affordable housing."
6
7 On August 15, 2018, the BOCC directed County staff to prepare a discussion and direction item
8 regarding the Keys Workforce Housing Initiative for the September 19, 2018 regular BOCC meeting.
9
10 On September 19, 2018, the BOCC directed County staff to draft proposed policy alternatives to the
11 state's initiative that address several concerns raised related to the enforceability of the evacuation
12 provisions. Additionally, the BOCC asked the County Attorney to research whether the state's Florida
13 Keys Workforce Housing Initiative,which, if implemented,would create a precedent that would require
14 the state to award as many as 10,000 additional units in the future.
15
16 On January 30, 2019, the BOCC considered options to accept the 300 units. Staff drafted three (3)
17 options for consideration by the BOCC:
18 1. Do not accept the 300 early evacuation affordable ROGOs and extend ROGO allocations through
19 2026;
20 2. Accept the 300 early evacuation affordable ROGOs and extend ROGO allocations until 2026; and
21 3. Accept the 300 early evacuation affordable ROGOs and do not extend ROGO beyond 2023.
22 The BOCC took no action.
23
24 On January 22, 2020, the BOCC adopted Ord. 005-2020 to extend the remaining market rate ROGOs
25 out for an additional three (3)years from 2023 to 2026.
26
27 On January 22,2020,the BOCC directed staff to prepare an agenda item to discuss and provide direction
28 on whether to direct staff to process Comprehensive Plan and Land Development Code amendments to:
29 1) move a portion of market-rate Rate Of Growth Ordinance (ROGO) units to the affordable housing
30 allocation pool and/or 2) accept the 300 Workforce Housing units offered by the Department of
31 Economic Opportunity (DEO)required to evacuate in Phase 1 of the Hurricane Evacuation model.
32
33 On February 19, 2020,the BOCC discussed whether to direct staff to process a comprehensive plan and
34 land development code amendment to: 1) move a portion of the 378 remaining Market Rate - Rate of
35 Growth Ordinance (ROGO) units through 2026 to the Affordable Housing allocation pool and/or 2)
36 accept the 300 Workforce Housing units offered by the Department of Economic Opportunity (DEO)
37 required to evacuate in phase 1 of the hurricane evacuation model. The BOCC did not decide on the
38 potential shifting of market rate allocations to the affordable housing pool but did direct staff to start the
39 process to accept the 300 workforce housing units.
40
41 On July 15, 2020, during a discussion item on potentially shifting market rate allocations to the
42 affordable housing pool (agenda item I5), the BOCC provided further direction to staff on accepting the
43 300 workforce housing early evacuation unit building permit allocations. The BOCC directed: accept
44 the 300 workforce housing early evacuation unit buildingpermit allocations to be used in exchange for
45 existing affordable allocations at multifamily developments (for developers that agree to the early
46 evacuation restriction) and the affordable housing allocations returned to the County (returned in the
47 exchange) be set aside and banked for takings cases (bank them within an administrative reliefpool).
48
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I On January 20, 2021, the BOCC adopted Resolution 041-2021 to transmit the proposed amendments to
2 DEO to review the 300 workforce housing early evacuation unit proposal, with a modification to Policy
3 101.3.12 to eliminate the requirement for a development agreement. With the 300 unit amendment being
4 structured as an exchange program, the projects exchanging units have previously completed their
5 development review and multiple hearings for a development agreement seems unnecessary, time
6 consuming and costly. The BOCC and staff can review approve the exchange through a resolution
7 approving a contract. DEO reviewed the amendment and issued an Objections, Recommendations and
8 Comments (ORC) report, received by the County on March 30, 2021. The ORC report stated, "the
9 Department does not identify any objections or comments to the proposed amendment."
10
11 On April 21, 2021, the BOCC adopted Ordinances 2021-005 and 2021-006 authorizing the acceptance
12 of the 300 early evacuation allocations from the State and to allow said allocations be used in exchange
13 of existing affordable units/ approved affordable allocations. Additionally, the Ordinance includes
14 provisions that allow the returned affordable units /allocations to be banked to resolve potential takings
15 cases.
16
17 At the September 11, 2024 BOCC Meeting, the BOCC approved transmittal to the State Land Planning
18 Agency (Florida Department of Commerce) of an ordinance approving an amendment to the
19 Comprehensive Plan to newly create Goal 113, Object 113.1, and site-specific subarea 1 (Tavernier
20 Workforce Housing Subarea 1), applicable to a portion of property located at 92501 Overseas Highway
21 which included text changes to the adopted policies of Monroe County's Comprehensive Plan, which
22 limit disposition of early evacuation unit allocations to a 1-for-1 exchange program for banking into the
23 County's administrative relief pool for takings and Bert Harris Act liability reduction countywide.
24
25 At the September 11, 2024 BOCC meeting, the BOCC additionally directed Planning & Environmental
26 Resources Department professional staff to begin processing Comprehensive Plan and Land
27 Development Code text amendments to eliminate the 1-for-1 takings and Bert Harris Act liability
28 reduction exchange requirement for the remaining early evacuation unit building permit allocations.
29
30 At the December 11, 2024 BOCC Meeting, the BOCC adopted Ordinance 030-2024 which created a
31 site-specific subarea within Tavernier that permits Cemex Construction Materials Florida LLC (f/k/a
32 Singletary Concrete Products Inc.) to use 86 early evacuation unit building permit allocations on one
33 site in Tavernier without meeting the requirement of the 1-for-1 takings and Bert Harris Act liability
34 reduction exchange required by the current Comprehensive Plan and Land Development Code.
35
36 Community Meeting and Public Participation
37 In accordance with LDC Section 102-159(b)(3), a Community Meeting for the Comprehensive Plan and
38 Land Development Code text amendments was held on December 12, 2024 via Zoom Webinar and
39 provided for public input. There were two (2) members of the public in attendance. The concerns
40 identified included enforcement of the on-site management requirement; a question if there would be a
41 prohibition for affordable units within the Coastal A zone similar to that of the prohibitions for affordable
42 units within the V-zone areas; and if the limitation of transfers between the County and municipalities
43 (and vice versa) would remain.
44
45 Development Review Committee Meeting and Public Input
46 On February 18, 2025,the DRC considered the proposed amendment and provided for public input. On
47 February 18, 2025, the Chair of the DRC signed Resolution No. DRC 05-25, recommending approval
48 of the proposed text amendment.
49
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I Planning Commission Meeting and Public Input
2 On March 26, 2025,the Planning Commission considered the proposed amendment,provided for public
3 input and recommended approval, with changes, of the proposed text amendment through Resolution
4 No. 12-25. The Monroe County Planning Commission included in the prevailing motion edits to the
5 proposed language to include the following:
6
7 1. Amend LDC Section 138-24(e)(2)(d) to require the office of the on-site property manager to be
8 clearly identified as an on-site property manager office; and
9
10 2. Amend LDC Section 138-24(e)(2)(e) to include additional information within the annual report
11 including information about location of on-site management office, identity of on-site manager
12 personnel and personnel available during non-office hours and information about tenant
13 evacuations over the past year handled by the identified manager.
14
15 III. PROPOSED LAND DEVELOPMENT CODE TEXT AMENDMENT
16
Proposed Amendment: deletions are shown in feel fllFoiigli; additions are shown in reel
micicrHtic. Recommended edits from the Planning Commission as documented through Resolution
P12-25 are shown as follows: deletions are shown in . ', stl:iI(c Nvidi yellONV highlight;
additions are shown in re(I un(lefline wufli C11oE I1u fl11u fl1 ..
17
18 Sec. 138-24. -Residential ROGO Allocations.
19 (a)Number of available annual residential ROGO allocations. The number of market rate residential
20 ROGO allocations available in each subarea of the unincorporated county and the total number of
21 affordable residential ROGO allocations an °f d for c i„N c workforce housing early evacuation unit
22 allocations available countywide shall be as follows:
23
Number of Dwelling Units
Subarea ROGO Years: ROGO Years:
July 13, 2020- July 12, 2021 July 13, 2023- July 12, 2024
July 13, 2021- July 12, 2022 July 13, 2024- July 12, 2025
July 13, 2022- July 12, 2023 July 13, 2025- July 12, 2026
Upper Keys 31 30
Lower Keys 29 28
Big Pine and No Name Keys 4 4
Total market rate 64 62
Af
fordable Dwelling Units
Very Low, Low, and Median 360*
Incomes
Moderate Incomes 350*
*Includes one annually for Big Pine Key and No Name Key
Workforce 300**
Ii��muin„ mmS IrIV 1,1V ctiatioll
Initiative
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5071
A r r i..........dabs e" NALWorkforce housing early evacuation unit allocations shall be
distributed on a first-come first-serve basis utifli:cU �uicl Lower Ke s sgNire'Is. Requests for
dwelling units developed and/or deed-restricted utilizing the 11'forcliWe workforce housing early
evacuation unit allocations are subject to the provisions of Policy 101.3.12 and Section
138-24(e). A�1�1utuoti,ffly, purivatit to Cogllj')�� 11e11suve Nan d M� cy 191,3,10, al'fordaNe worldorce
h 2! �ng egd btJkl4i be tratisl'erred to another oveninient
HIM,
j!!JS(Ut�oti for C QUEly ated alfordaNe housaig g gnprmL/ed-1111rough an lltileflocai
between the �!!IJS(Utuotis,
2
Annual Allocation
WoFkkwee AIDEdahic
111ithit4e woijirorce
ROGO Year Market Rate Affordable 112:911119:
Housing I I::I:.:: J:
F I
July 13, 2013-July 12, 126
2014 U: 61, L: 57, 71
BPK/NNK: 8
July 13, 2014-July 12, 126
2015 U: 61, L: 57, 71
BPK/NNK: 8
July 13, 2015-July 12, 126
2016 U: 61, L: 57,
BPK/NNK: 8
July 13, 2016-July 12, 126
2017 U: 61, L: 57,
BPK/NNK: 8
568 total AFH N/A
July 13, 2017-July 12, 126 (total available
2018 U: 61, L: 57, immediately)
BPK/NNK: 8
July 13, 2018-July 12, 126 126
2019 U: 61, L: 57,
BPK/NNK: 8
July 13, 2019-July 12, 126
2020 U: 61, L: 57,
BPK/NNK: 8
July 13, 2020-July 12, 64
2021 U: 31, L:29,
BPK/NNK: 4
July 13, 2021-July 12, 64
2022 U: 31, L:29, 30102tt
BPK/NNK: 4
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5072
July 13, 2022—July 12, 64
2023 U: 31, L:29,
BPK/NNK: 4
July 13, 2023—July 12, 62
2024 U: 30, L:28,
BPK/NNK: 4
July 13, 2024—July 12, 62
2025 U: 30, L:28,
BPK/NNK: 4
July 13, 2025—July 12, 62
2026 U: 30, L:28,
BPK/NNK: 4
TOTAL 1,260 30102tt. 710*
*Includes two annual affordable ROGO allocations for the Big Pine Key/No Name Key subarea)
through the Incidental Take Permit(ITP) ending in 2023.
** Affo cl iW,e Wworkforce housing early evacuation unit bl:Ji�(Ju!j g 12�La11�1 allocations ire
� � �� � ��� y��... eye �!�b i re�is....gicl shall be distributed on a first-come first-serve basis.
Dui u�� � � �I„ ���� �� �;��
Requests for dwelling units developed and/or deed-restricted utilizing the workforce housing early
evacuation unit allocations are subject to the provisions of Policy 101.3.12 and Section 138-24(e).
p l!!S atit to C onlp! hetisuve i�.�an P(2 uC.y lld,Dll ?w lldD al'fo,rdaNe.... orl d`orce h.ous� tig �y
utiutuated ad'dordai�.�e hou „uu 12!„QL1L. s '1112112 �2y!Li.. hmu➢i an ltitefloc aV �g�C�uu�c��„�b�tweeti the
1
2 The State of Florida, pursuant to Administration Commission Rules, may modify the annual
3 allocation rate. The County adopted a slower rate of annual allocations for market rate development
4 to extend the allocation timeframe to 2026 without exceeding the total of 1,970 allocations. By July
5 12, 2023, if substantial financial support is provided by State and Federal partners, the County may
6 reevaluate the ROGO distribution allocation schedule and consider an extended timeframe for the
7 distribution of market rate allocations.If necessary,Monroe County will request a Rule change from
8 the Administration Commission to authorize an alternative allocation timeframe and rate.
9 (1) Yearly residential ROGO allocation ratio. Each subarea shall have its number of market rate
10 residential ROGO allocations available per ROGO year. Affordable ROGO allocations and
11 ffd"orcl�iWe workforce housing early evacuation unit C1JiV(fld!1g [?eEjjq allocations shall be
12 available for countywide allocation except for Big Pine Key an ty p g y d No Name Key. The allocations
13 for Big Pine Key and No Name Key shall be limited to maximums established in Big Pine
14 Key/No Name Key Livable CommuniKeys Plan, Incidental Take Permit and Habitat
15 Conservation Plan.
16 (2) Quarterly residential ROGO allocation ratio. Each subarea shall have its number of market rate
17 housing residential ROGO allocations available per ROGO quarter determined by the following
18 formula:
19 a. Market rate residential ROGO allocations available in each subarea per quarter is equal to
20 the market rate residential ROGO allocations available in each subarea divided by four.
21 b. Affordable housing residential ROGO for all four ROGO quarters, including the allocations
22 available for Big Pine Key, shall be made available at the beginning of the first quarter for
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5073
I a ROGO year. Beginning July 13, 2016, the balance of all remaining affordable housing
2 residential ROGO allocations shall be made available for award.
3 c. AfforcliWc 3ALWorkforce lti4i�i6ve gifl.y gycicmmog imit biJWigS1_ allocations
4 shall be made available at the beginning of the first quarter of ROGO year July 13,2021-
5 July 12, 2022. All ffforcliWc worldb�cc gid'.Y �Y(Icmltwg imit biJkliml_ pg�qiit allocations
6 shall be available for award; and shall be distributed on a first-come first-serve basis.
7 Requests for dforcliWc workforce housing early evacuation unit biJklitl6l_ WMUi
8 allocations shall require a reservation via BOCC resolution.
9 (3) Ratio of very low income, low income, and median income allocations to moderate income
10 allocations. The Planning Commission may amend these proportions for affordable housing
11 during any ROGO quarter.
12 (4)Big Pine Key and No Name Key.
13 a. All allocation awards on Big Pine Key and No Name Key are subject to the provisions of the
14 Incidental Take Permit (ITP), the Habitat Conservation Plan (HCP) and Livable
15 CommuniKeys Plan(LCP)for the Florida Key Deer and other covered species,which may
16 affect ROGO allocations under this article.
17 b. In the Big Pine Key/No Name Key sub-area the annual maximum number of residential
18 permit allocations that may be awarded in Tier I shall be no more than one (1) every 2
19 years. Until the ITP, HCP, Biological Opinion, and LCP are amended, a property owner
20 attempting to develop his property may be granted an allocation through the ROGO
21 process that may be used once that property owner obtains all required permits and
22 authorizations required under the Endangered Species Act and other applicable federal and
23 state laws. The allocation will remain valid so long as the applicant diligently and in good
24 faith continues to work with USFWS to conclude the coordination and pick up a building
25 permit.
26 (5)Limit on number ofallocation awards in Tier I.
27 a. Big Pine Key/No Name Key subarea: The maximum ROGO allocations in Tier I shall be no
28 more than one (1) every two (2)years.
29 b. Upper Keys subarea: The annual maximum ROGO allocations in Tier I shall be no more
30 than three (3).
31 c. Lower Keys subarea: The annual maximum ROGO allocations in Tier I shall be no more
32 than three (3).
33 (b) Reservation of affordable housing allocations. Notwithstanding the provisions of Section 138-26
34 for awarding of affordable housing allocations or ffforcliWc workforce 4iiti�itiye (wo4A)f:ee
35 housing early evacuation unit) pg�qut allocations, the BOCC may reserve by resolution
36 some or all of the available affordable housing allocations or available 'd'1'or(11WC workforce
37 glfl.y gY(1CmMot1 mlit bi:JiV(Jitig pg�qiit allocations for award to certain sponsoring
38 agencies or specific housing programs consistent with all other requirements of this chapter.
39 Building permits for these reserved allocations shall be picked up within six months of the effective
40 reservation date,unless otherwise authorized by the BOCC in its resolution siw ui is c tIW�s�iu t1g) ±�
41 �ticom c Utcg��Eics lbri V V ogifl mis g)gme(l. The BOCC may, at its discretion,place conditions on any
42 reservation as it deems appropriate. These reservations may be authorized by the BOCC for:
43 (1) The county housing authority, nonprofit community development organizations, pursuant to
44 Section 139-1(e),and other public entities established to provide affordable housing by entering
45 into a memorandum of understanding with one or more of these agencies;
46 (2) Specific affordable or employee housing projects participating in a federal/state housing
47 financial assistance or tax credit program or receiving some form of direct financial assistance
48 from the county upon written request from the project sponsor and approved by resolution of
49 the BOCC;
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5074
1 (3) Specific affordable or employee housing projects sponsored by nongovernmental not-for-profit
2 organizations above upon written request from the project sponsor and approved by resolution
3 of the BOCC;
4 (4) Specific affordable or employee housing programs sponsored by the county pursuant to
5 procedures and guidelines as may be established from time to time by the BOCC;
6 (5) Specific affordable or employee housing projects by any entity, organization, or person,
7 contingent upon transfer of ownership of the underlying land for the affordable housing project
8 to the county, a not-for-profit community development organization, or any other entity
9 approved by the BOCC, upon written request from the project sponsor and approved by
10 resolution of the BOCC; or
11 (6) Rental employee housing projects situated on the same parcel of land as the nonresidential
12 workplace for the tenants of these projects, upon written request from the property owner and
13 approved by resolution of the BOCC; or-
14 7 Ad d o;prrc�iNc. r .
orkforce 4iiti�itiyehousmg_�,Idl �111cUIMM,i projects,pursuanttoPolicy 101.3.12
15 and Section 138-24(e),that require occupants to evacuate in Phase 1 of the 48-hr evacuation of
r c !ji 1 l icy 1(9 1 �1, are restricted to
16 �� ��.e. � u�� _����������.: ������u��'���e ��� � �� uu� ��a��p��� �.rr���� �. � ��:u„� � �� u..�
17 rental occupancy, and for those who derive at least 70% of their income as members of the
18 workforce in Monroe County and who meet the affordable housing income categories of the
19 Monroe County Land Development Code.
20 (c) Affordable housing allocation awards and eligibility.
21 (1) The definition of affordable housing shall be as specified in Sections 101-1 and 139-1.
22 (2)Any portion of the affordable housing allocation not used for affordable housing at the end of a
23 ROGO year shall be made available for affordable housing for the next ROGO year.
24 (3) No affordable housing allocation shall be awarded to applicants located within a Tier I
25 designated area, within a V-zone on the county's flood insurance rating map, or within a Tier
26 III-A (special protection area) designated area.
27 Notwithstanding the foregoing, and notwithstanding Section 138-24(a)(5), affordable housing
28 ROGO allocations may be awarded to Tier I or Tier III-A properties which meet all of the
29 following criteria:
30 a. The property contains an existing market rate dwelling unit that meets the criteria in LDC
31 Section 138-22(a) and is determined to be exempt from ROGO;
32 b. The proposed replacement affordable dwelling unit meets current Florida Building Code and
33 is not a mobile home;
34 c. The proposed replacement dwelling unit shall be deed restricted for a period of at least 99
35 years as affordable housing pursuant to the standards of the Land Development Code;
36 d. The proposed site plan for the replacement affordable dwelling unit does not propose any
37 additional clearing of habitat; and
38 e. The structure is not proposed to be within a V-zone on the county's flood insurance rating
39 map.
40 (4) Only affordable housing allocations for Big Pine Key may be used on Big Pine Key. No
41 affordable housing allocation may be used on No Name Key.
42 (d) Dwelling unit allocation required. The county shall issue no building permit for a dwelling unit
43 unless such dwelling unit:
44 (1)Has a dwelling unit allocation award; or
45 (2)Is exempted from the dwelling unit allocation system pursuant to this chapter or is deemed vested
46 pursuant to Section 138-22.
ru i1 h Initiative allocation awards, eligibility and
48 requirements.
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1 (1)Pursuant to Policies 101.3.2, 101.3.3 and 101.3.12, Monroe County establishes a new allocation
�dorcl�il�.�c workforce housing early evacuation unit building permit
2 categoryto award 300 yid...
3 allocations pursuant to the Workforce-Affordable Housing Initiative (Workforce Initiative). The
4 Workforce-Affordable Housing Initiative will require dwelling units constructed and/ or deed
5 restricted with did"d"orcl(iNc workforce housing early evacuation iiildt building permit allocations to
6 evacuate occupants in Phase 1 of the 48-hr evacuation of a pending major hurricane.
7 (2) Dwelling units developed and/or deed restricted utilizing the 11'forcliNe workforce Wusi 'idg
y iildidltig dieleiifi allocations are subject to the following:
8 diilfilli(�1.:�-c earl evacuation iilii( l
9 a. Requests forffforcliNc workforce housing early evacuation unit allocations gei; ildigd.e
10 require a reservation
11 via BOCC resolution. The BOCC may, at its discretion, place conditions on any reservation
12 as it deems appropriate, � e ,�� � �� �' d.
�;�. � ��� �i���� � �ll��� �.�� Ilia. ili�� e° ��. �ffloe�
13 441e d'i055 nel8yi �i.t..4 idd.M,ile ii��iii, � 5�ilire...eyilM(��i..i le.i.eleeid...iidd�iiid�i�i
14 Mioelitiwis iimlei: flie LO FJ�d'()Fee dilifiili. iee to dii4'ite ide�yedoj' isle ( liml ilondiF44.. seetoF
15 dui.i��tleili...e�lddii1g to Meet flie �e �i�,i���l��li�i���e fi� �i�d...fidie 6i1+�11"41g ellid5 e�vtlell�lei..wl litl.i..t
16 Mioelitiwls Ri 1415eF;flie d(OCG its idiseietiwl.;iididffo�ve flie ex0itinge yid ex isting ideeid-
17 Fe!'t ie(ed 6)11s41g liil4s (del:-vydiid �id44)iid�ible. eyle idiul�ii�i.�( i.(...e�yil 'titlg 18 Feli(dentiM id�eeedojwie is ....d"oi: Mloelitiwis i�i iideF flie yoFkl� 'ogee lnitiiitiye to dineli(e
19
20 Wils4l'a eiidy...evilellii.tiwl iiwriit iiNoeiltiwls:
21 d.. d ge....�idd Mk)e'1e4)t1s letilmei:d....to flie..5 oliiltt'� lii .ex0l5 lal.ge 14..ei��iid�d��°�iii e �,15. 4 "liig.
22
23 ge edlcl�i.d...��ii ie eleteF i4i lil�iliM:i.. 'ilii:d ..�ii leM V��id e li i.�v ei .�e e�iliide�neili ifil��ii�i i i �e.!�;� iliid d lei( °��..�.
24 ddliFi:is; °dF PFi elite PFod:eFty k,Ldits PFoteetiwi Aetelises
25 1 44i n i luli ti:dui coiii.M(lM fieeey lei .. ddii e....2g 2 4()(2)(b)( g..� C ...ilie i1:l4id,1b e �1II oemtOiis
26 Fe(ilieeid to flie Goliiity...SItiN be lis lifloelitiwis liiiid...siMd.l!i so be
27 letiffflLid to fiie ...iii*li�i.M 'iddHiid�igd.e.. 6i1i;'.d.ilg iileoiile...e8teg(�)iy (V.efy
28 iileolile vs liioideFti(e 41eoiile [')o id(.
29 441e 64i "41g..e�iiI5...ev'icl„i,8tiell l:i�ulit Md..ee'Itk)t1s liiii�st be i„i,fildli.eed b feel gill fg.e.
30
31 4, fedued MeHH!" ...RcilOiNS tMi eii g5 flie 5 e�l,ility giF'ilifillig flee olellei...(id leM.
32 d)i:od�iefGS i:e�ied°d°io�ll flie eofl(iil-lieid yid'flle d~diite yid' GFo-VVfl1 OFidiil.liilee (14)(40)
33 pfw,4.ideid fliee li�ieet flge...eilfiebd..'�i lli flie 'il�lel
34 5ileid Deeelodilile fiCo�le..
35 5 ke .edlel'fl 11se
36 iii flie eieFeise yid" li giisi e J')Fod eFGS Fdgdi( FoF flie diiiFdiose yid (5is polies, be ed"ieilid Ilse
37 5 i d.:p..lile iui....(ge lii.i..iilliili n i I I s e()d flie d)i0iI efty lleee!"I!,��ii� (<���i��le�ili��d flie dl.�iidlui�r i��i��d �i leg�iid�it�ii.�,:
38 tlid 4i# wiid�eF eiiFfe t dliti.id iise.elise dlile:
39 g: 441e el....idieedd.i..iltt iiil.4cl; flie Oirr..flie d�eeid (4 .&Hcltfi ilg.
40
41 81N')i0leM (id i �i. ..eoiliiill�et gethi ee flie di(W iitlid flie to
42
43 1.i..d. ..l�i: .�,:.e...
44 ).. A iiiidiil��c workforce housing early evacuation units require a deed-restriction
�i d�d.,.
45 ensuring:
46 1. Before any building permit may be issued for any structure,portion or phase of a project
47 subject to the Workforce Initiative, a restrictive covenant shall be approved by the
48 Planning Director and County Attorney and recorded in the Office of the Clerk of the
49 County to ensure compliance with the provision of this section running in favor of the
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I County and enforceable by the County and, if applicable, a participating municipality.
2 The following requirements shall apply to these restrictive covenants:
3 i. The covenants for any workforce housing early evacuation units shall be effective
4 for 99 years.
5 ii. The covenants shall not commence running until a certificate of occupancy has been
6 issued by the Building Official for the dwelling unit or dwelling units to which the
7 covenant or covenants apply.
8 iii. For existing dwelling units that are deed-restricted as workforce housing early
9 evacuation units, the covenants shall commence running upon recordation in the
10 Official Records of Monroe County.
11 2. The covenants shall require that the dd"d"orcl�iNc workforce housing early evacuation units
12 to be restricted to rental occupancy for those who derive at least 70% of their income as
13 members of the workforce in Monroe County and who meet the affordable housing
14 income categories of the Monroe County Land Development Code. The occupants are
15 required to annually verify their employment and income eligibility.
16 3. The covenants shall require occupants to evacuate in Phase 1 of the 48-hr evacuation of
17 a pending major hurricane. Persons living in the workforce housing early evacuation
18 units who may be exempted from evacuation requirements are limited to law
19 enforcement, correctional and fire personnel, health care personnel, and public
20 employees with emergency management responsibilities. If there is an occupant that
21 indicates their employment is considered a `first-responder position' and not included in
22 the list of exemptions above, then the Planning Director shall determine, in writing,
23 whether the person may be exempted because of a requirement to remain during an
24 emergency. Any person claiming exemption under this provision shall submit of an
25 affidavit of qualification and faithfully certify their status with the onsite property
26 management.
27 4. The covenants shall require rental agreements which contain a separate disclosure
28 requiring rental occupants to acknowledge the existing restrictive covenant on the unit
29 requiring evacuation in Phase 1 of the 48-hr evacuation and that failure to adhere to the
30 Phase 1 evacuation requirement could result in severe penalties, including eviction, to
31 the occupant.
32 5. The covenants shall require onsite property managers and a separate employment
33 disclosure requiring the maintenance of training in evacuation procedures and an
34 acknowledgement that failure to adhere to the Phase 1 evacuation requirement could
35 result in severe penalties, including termination.
iNc A L orkforce housing early evacuation units shall be restricted to rental
37 occupancy for those who derive at least 70% of their income as members of the workforce
38 in Monroe County and who meet the affordable housing income categories of the Monroe
39 County Land Development Code.Workforce means individuals or families who are gainfully
40 employed supplying goods and/or services to Monroe County residents or visitors.
41 ecl Ad°d°orcl:.iNc 3ALWorkforce housing early evacuation units shall require onsite property
42 management with property managers trained in evacuation procedures and required to
43 manage the evacuation of tenants in Phase I of an evacuation. During traditional working
44 hours, the property manager must be at an office within the workforce housing early
45 evacuation unit development subject property that is, cleard dAentfl''iable r��, an on site
46 Outside the traditional working hours,
47 the property manager must be available at all times to respond to evacuation orders.
48 d . The property management entity for the df d d��r cad di V c workforce housing early evacuation units
..e.
49 shall be required to annually verify the employment and income eligibility of tenants; report
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I the total units on the site, the occupancy rates of units, and tenant compliance with the
2 requirement to evacuate the units in Phase I of an evacuation, including the number of
3 occupants that are exempt from the evacuation requirements. Additionally,1he annual re
4 shall include itfforniation about the location 4'the on site rnatiagc,mg2j g fjce Wy' �—)ti
5 site niat agel pe
i available dirring !2Q!2 4fice hotrrs,, The property
6 management entity must submit a report to the Planning and Environmental Resources
7 Department by May I of each year. Further, each lease and this annual report shall be kept
8 by the property manager and be available for inspection by the County during traditional
9 working hours.
10 gf. AlforclaWe Wworkforce housing early evacuation units shall be located within an area
11 designated as Tier 111.
AlforclaWe Wworkforce housing early evacuation units shall not be located in the V-Zone
6
13 or within a Coastal Barrier Resource System (CBRS).
14 fli. AlforclaWe Wworkforce housing early evacuation units shall be located on a property which
15 has all infrastructure available (potable water, adequate wastewater treatment and disposal
16 wastewater meeting adopted LOS, paved roads, etc.).
17 ji. All all'orclaWe workforce housing early evacuation units must demonstrate compliance with
18 all applicable federal standards for accessibility for persons with disabilities (ADA
19 Compliance).
20 1�i. To the greatest extent practicable, a development utilizing allbrclaWe workforce housing
21 early evacuation unit allocations shall incorporate sustainable and resilient design principles
22 into the overall site design am.1 be aeeessR-4e to em[,4oyment eenteFs 41 Key:. West; Stoek
23 I!,4witl witl Nfilfaflieti.
�
'ea test exte nt pL ctic aaWe, a l aforcl aWe worl dorce WusitU.) afl y 24 1� To flee 6!25 evacuatioti mJtbiJH(Jiti6)- [,?eMJtaHocatiotis s�-iffl be focate( it, dose
26 cent�r� iti Key "lest, Stocl� Isbuicl aml Maraflioti
27 Ea E algygf� p�jjents owgecl or opggte(f by as aggjj y Q pijWic Wusig,(.) auflion'jy,
28 otisite as imlicatecl iti fl-iis subsectioti aml
29 Com[,?EgLepsive 11bm floHcy l 0 1 3w: 1 2, but must be avaibiWe at aH times to res[,?Q!1a1 IQ
30 evacuatioti orclers
31
32 IV. ANALYSIS OF PROPOSED AMENDMENT
33
34 In accordance with LDC Section 102-15 8(d)(7)(b),the BOCC may consider the adoption of an ordinance
35 enacting the proposed map and text amendments to this Land Development Code based on one or more
36 of the following factors:
37
38 1. Changed projections (e.g., regarding public service needs) from those on which the text or
39 boundary was based-
40
41 2. Changed assumptions (e.g., regarding demographic trends);
42
43 3. Data errors, including errors in mapping, vegetative types and natural features described in
44 volume I qf1he plan;
45
46 4. New issues;
47
48 The proposed amendment would provide new opportunities for the utilization of the County's
49 remaining early evacuation unit building permit allocations by removing the requirement to
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5078
I exchange existing affordable allocations / units. This modification will result in the potential
2 development of new workforce affordable units with various income limits which continues to be
3 an identified need for the community. While this will result in the reduction of additional
4 allocations potentially banked to resolve, it will allow for the potential development of new code
5 compliant housing.
6
7 5. Recognition ofa need for additional detail or comprehensiveness; or
8
9 6. Data updates;
10
11 7. Consistency with the Comprehensive Plan and the principles,for guiding development as defined
12 in Section 380.0552, Florida Statutes.
13
14 In no event shall an amendment be approved which will result in an adverse community change
15 to the planning area in which the proposed development is located or to any area in accordance
16 with a livable communikeys master plan pursuant to findings of the board of county
17 commissioners [Ref. Code Section 102-158(d)(7)d.].
18
19 Staff does not anticipate the proposed amendment will result in an adverse community change.
20
21 V. CONSISTENCY WITH THE MONROE COUNTY COMPREHENSIVE PLAN, THE
22 PRINCIPLES FOR GUIDING DEVELOPMENT,AND FLORIDA STATUTES.
23
24 A. The proposed amendment is consistent with the Goals, Objectives and Policies of the Monroe
25 County 2030 Comprehensive Plan. Specifically,it furthers:
26
27 GOAL 101
28 Monroe County shall manage future growth to enhance the quality of life,ensure the safety of County
29 residents and visitors, and protect valuable natural resources.
30
31 Objective 101.2
32 As mandated by the State of Florida,pursuantto Section 380.0552,F.S. and Rule 28-20.140,F.A.C.,
33 and to maintain the public health, safety, and welfare, Monroe County shall maintain a maximum
34 hurricane evacuation clearance time of 24 hours and will coordinate with the State Land Planning
35 Agency relative to the 2012 Memorandum of Understanding that has been adopted between the
36 County and all the municipalities and the State agencies.
37
38 Policy 101.2.1
39 Monroe County shall maintain a memorandum of understanding with the State Land Planning
40 Agency, Division of Emergency Management, Marathon, Islamorada, Key West, Key Colony
41 Beach, and Layton to stipulate, based on professionally acceptable data and analysis, the input
42 variables and assumptions, including regional considerations, for utilizing the Florida Division of
43 Emergency Management's (DEM) Transportation Interface for Modeling Evacuations ("TIME")
44 Model to accurately depict evacuation clearance times for the population of the Florida Keys.
45
46 Objective 101.3
47 Monroe County shall regulate new residential development based upon the finite carrying capacity
48 of the natural and man-made systems and the growth capacity while maintaining a maximum
49 hurricane evacuation clearance time of 24 hours.
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I Policy 101.3.5
2 Due to the limited number of allocations and the State's requirement that the County maintain a
3 maximum hurricane evacuation clearance time of 24 hours, Monroe County shall prohibit new
4 transient residential allocations for hotel or motel rooms, and any lock-out units, campground spaces,
5 or spaces for parking a recreational vehicle or travel trailer July 2026. Lawfully established transient
6 units shall be entitled to one unit for each type of unit in existence before January 4, 1996, for use as
7 a ROGO exemption. (Ord. No. 010-2021)
8
9 Policy 101.3.6
10 All public and institutional uses (except hospital rooms)that predominately serve the County's non-
II transient population and which house temporary residents shall be subject to the Permit Allocation
12 System for residential development, except upon factual demonstration that such transient
13 occupancy is of such a nature so as not to adversely impact the hurricane evacuation clearance time
14 of Monroe County.
15
16 Objective 101.17
17 Monroe County shall protect established rights of landowners affected by the provisions of this Plan
18 or the land development regulations; and, therefore adopts the following policies for the
19 determination of vested rights and beneficial use.
20
21 Policy 101.17.4
22 BENEFICIAL USE
23 1. It is the policy of Monroe County to ensure that neither the provisions of this Plan nor the LDC
24 shall result in an unconstitutional taking of private property. Accordingly, Monroe County shall
25 adopt a beneficial use procedure to provide a means to resolve a landowner's claim that a land
26 development regulation or comprehensive plan policy has had an unconstitutional effect on
27 property in a nonjudicial forum. For the purpose of this policy, beneficial use shall mean the
28 minimum use of the property necessary to avoid the finding of a regulatory taking under current
29 land use case law.
30 2. The relief to which an owner shall be entitled may be provided through the use of one or a
31 combination of the following:
32 a) granting of a permit for development which shall be deducted from the Permit Allocation
33 System;
34 b) granting of use of transferable development rights (TDRs);
35 c) Government purchase offer of all or a portion of the lots or parcels upon which there is no
36 beneficial use. This alternative shall be the preferred alternative when beneficial use has
37 been deprived by application of Chapter 138 of the Land Development Code. This
38 alternative shall be the preferred alternative for Tier I, 11, or III-A(SPA) lands;
39 d) such other relief as the County may deem appropriate and adequate.
40 The relief granted shall be the minimum necessary to avoid the finding of a regulatory taking
41 of the property under state and federal law. With respect to the relief granted pursuant to
42 this policy or Policy 101.7.1 (Administrative Relief), a purchase offer shall be the preferred
43 form of relief for any land within Tier I and Tier II, or Tier III-A (SPA).
44 3. Development approved pursuant to a beneficial use determination shall be consistent with all
45 other objectives and policies of the Plan and LDC unless specifically exempted from such
46 requirements in the final beneficial use determination.
47 4. This policy is not intended to provide relief related to regulations promulgated by agencies other
48 than the county or to provide relief for claims that are not cognizable in court at the time of
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I application of this policy. Further,the procedures established for this policy are not intended,nor
2 do they create, a judicial cause of action.
3 5. The land development regulations shall establish standards, procedures, and remedies for an
4 administrative determination of beneficial use.
5
6 GOAL 601
7 Monroe County shall adopt programs and policies to facilitate access by residents to adequate and
8 affordable housing that is safe, decent, and structurally sound, and that meets the needs of the
9 population based on type, tenure characteristics, unit size and individual preferences. [F.S. §
10 163.3177(6)(f)l., 3.]
11
12 Policy 601.1.1
13 Monroe County shall maintain land development regulations, in conjunction with the Permit
14 Allocation System, for apportioning future affordable housing development.
15
16 Policy 601.1.4
17 All affordable housing projects which receive development benefits from Monroe County, including
18 but not limited to,ROGO allocation award(s)reserved for affordable housing,maximum net density,
19 or donations of land, shall be required to maintain the project as affordable for a period of 99 years
20 pursuant to deed restrictions or other mechanisms specified in the Land Development Code, and
21 administered by Monroe County or the Monroe County Housing Authority.
22
23 Policy 601.1.9
24 Monroe County shall maintain land development regulations which may include density bonuses,
25 impact fee waiver programs, and other possible regulations to encourage affordable housing.
26
27 Objective 601.3
28 Monroe County shall continue implementation efforts to eliminate substandard housing and to
29 preserve, conserve and enhance the existing housing stock, including historic structures and sites.
30 [F.S. § 163.3177(6)(f)l., 3.]
31
32 B. The amendment is consistent with the Principles for Guiding Development for the Florida Keys
33 Area, Section 380.0552(7), Florida Statutes.
34
35 For the purposes of reviewing consistency of the adopted plan or any amendments to that plan with the principles
36 for guiding development and any amendments to the principles, the principles shall be construed as a whole and
37 no specific provision shall be construed or applied in isolation from the other provisions.
38 (a) Strengthening local government capabilities for managing land use and development so that local
39 government is able to achieve these objectives without continuing the area of critical state concern
40 designation.
41 (b) Protecting shoreline and benthic resources, including mangroves, coral reef formations, seagrass beds,
42 wetlands, fish and wildlife, and their habitat.
43 (c) Protecting upland resources, tropical biological communities, freshwater wetlands, native tropical
44 vegetation (for example, hardwood hammocks and pinelands), dune ridges and beaches, wildlife, and
45 their habitat.
46 (d) Ensuring the maximum well-being of the Florida Keys and its citizens through sound economic
47 development.
48 (e) Limiting the adverse impacts of development on the quality of water throughout the Florida Keys.
49 (f) Enhancing natural scenic resources, promoting the aesthetic benefits of the natural environment, and
50 ensuring that development is compatible with the unique historic character of the Florida Keys.
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I (g) Protecting the historical heritage of the Florida Keys.
2 (h) Protecting the value, efficiency, cost-effectiveness, and amortized life of existing and proposed major
3 public investments,including:
4 1. The Florida Keys Aqueduct and water supply facilities;
5 2. Sewage collection, treatment, and disposal facilities;
6 3. Solid waste treatment, collection, and disposal facilities;
7 4. Key West Naval Air Station and other military facilities;
8 5. Transportation facilities;
9 6. Federal parks,wildlife refuges, and marine sanctuaries;
10 7. State parks,recreation facilities, aquatic preserves, and other publicly owned properties;
11 8. City electric service and the Florida Keys Electric Co-op; and
12 9. Other utilities, as appropriate.
13 (1) Protecting and improving water quality by providing for the construction, operation, maintenance, and
14 replacement of stormwater management facilities; central sewage collection; treatment and disposal
15 facilities; and the installation and proper operation and maintenance of onsite sewage treatment and
16 disposal systems.
17 (j) Ensuring the improvement of nearshore water quality by requiring the construction and operation of
18 wastewater management facilities that meet the requirements of ss. 381.0065(4)(1) and 403.086(10), as
19 applicable, and by directing growth to areas served by central wastewater treatment facilities through
20 permit allocation systems.
21 (k) Limiting the adverse impacts of public investments on the environmental resources of the Florida Keys.
22 (1) Making available adequate affordable housing for all sectors of the population of the Florida Keys.
23 (m)Providing adequate alternatives for the protection of public safety and welfare in the event of a natural or
24 manmade disaster and for a postdisaster reconstruction plan.
25 (n) Protecting the public health, safety, and welfare of the citizens of the Florida Keys and maintaining the
26 Florida Keys as a unique Florida resource.
27 (o) Pursuant to Section 380.0552(7) Florida Statutes, the proposed amendment is not inconsistent with the
28 Principles for Guiding Development as a whole and is not inconsistent with any Principle.
29
30 C. The proposed amendment is consistent with the Part II of Chapter 163, Florida Statute (F.S.).
31 Specifically, the amendment furthers:
32
33 163.3161(4), F.S.—It is the intent of this act that local governments have the ability to preserve and enhance
34 present advantages; encourage the most appropriate use of land, water, and resources, consistent with the
35 public interest; overcome present handicaps; and deal effectively with future problems that may result from
36 the use and development of land within their jurisdictions. Through the process of comprehensive planning,
37 it is intended that units of local government can preserve, promote, protect, and improve the public health,
38 safety, comfort, good order, appearance, convenience, law enforcement and fire prevention, and general
39 welfare; facilitate the adequate and efficient provision of transportation, water, sewerage, schools, parks,
40 recreational facilities, housing, and other requirements and services; and conserve, develop, utilize, and
41 protect natural resources within their jurisdictions.
42
43 163.3161(6), F.S.—It is the intent of this act that adopted comprehensive plans shall have the legal status set
44 out in this act and that no public or private development shall be permitted except in conformity with
45 comprehensive plans, or elements or portions thereof,prepared and adopted in conformity with this act.
46
47 163.3177(1),F.S.—The comprehensive plan shall provide the principles,guidelines, standards, and strategies
48 for the orderly and balanced future economic, social,physical, environmental, and fiscal development of the
49 area that reflects community commitments to implement the plan and its elements. These principles and
50 strategies shall guide future decisions in a consistent manner and shall contain programs and activities to
51 ensure comprehensive plans are implemented. The sections of the comprehensive plan containing the
52 principles and strategies, generally provided as goals, objectives, and policies, shall describe how the local
53 government's programs,activities,and land development regulations will be initiated,modified,or continued
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I to implement the comprehensive plan in a consistent manner. It is not the intent of this part to require the
2 inclusion of implementing regulations in the comprehensive plan but rather to require identification of those
3 programs, activities, and land development regulations that will be part of the strategy for implementing the
4 comprehensive plan and the principles that describe how the programs, activities, and land development
5 regulations will be carried out. The plan shall establish meaningful and predictable standards for the use and
6 development of land and provide meaningful guidelines for the content of more detailed land development
7 and use regulations.
8
9 163.3177(6)(f), F.S. — 1. A housing element consisting of principles, guidelines, standards, and strategies to
10 be followed in:
11 a. The provision of housing for all current and anticipated future residents of the jurisdiction.
12 b. The elimination of substandard dwelling conditions.
13 c. The structural and aesthetic improvement of existing housing.
14 d.The provision of adequate sites for future housing,including affordable workforce housing as defined
15 in s. 380.0651(1)(h), housing for low-income, very low-income, and moderate-income families,
16 mobile homes,and group home facilities and foster care facilities,with supporting infrastructure and
17 public facilities. The element may include provisions that specifically address affordable housing
18 for persons 60 years of age or older. Real property that is conveyed to a local government for
19 affordable housing under this sub-subparagraph shall be disposed of by the local government
20 pursuant to s. 125.379 or s. 166.0451.
21 e. Provision for relocation housing and identification of historically significant and other housing for
22 purposes of conservation,rehabilitation, or replacement.
23 f. The formulation of housing implementation programs.
24 g. The creation or preservation of affordable housing to minimize the need for additional local services
25 and avoid the concentration of affordable housing units only in specific areas of the jurisdiction.
26
27 163.3201,F.S.—Relationship of comprehensive plan to exercise of land development regulatory authority.-
28 It is the intent of this act that adopted comprehensive plans or elements thereof shall be implemented,in part,
29 by the adoption and enforcement of appropriate local regulations on the development of lands and waters
30 within an area.It is the intent of this act that the adoption and enforcement by a governing body of regulations
31 for the development of land or the adoption and enforcement by a governing body of a land development code
32 for an area shall be based on,be related to, and be a means of implementation for an adopted comprehensive
33 plan as required by this act.
34
35 420.0004, F.S.—Definitions. As used in this part,unless the context otherwise indicates:
36 (1) "Adjusted for family size"means adjusted in a manner which results in an income eligibility level
37 which is lower for households with fewer than four people, or higher for households with more than four
38 people, than the base income eligibility determined as provided in subsection(9), subsection (11),
39 subsection(12),or subsection (17),based upon a formula as established by the United States Department of
40 Housing and Urban Development.
41 (2) "Adjusted gross income"means all wages, assets, regular cash or noncash contributions or gifts from
42 persons outside the household, and such other resources and benefits as may be determined to be income by
43 the United States Department of Housing and Urban Development, adjusted for family size, less deductions
44 allowable under s. 62 of the Internal Revenue Code.
45 (3) "Affordable"means that monthly rents or monthly mortgage payments including taxes, insurance, and
46 utilities do not exceed 30 percent of that amount which represents the percentage of the median adjusted
47 gross annual income for the households as indicated in subsection(9), subsection(11), subsection (12), or
48 subsection(17).
49 (4) "Corporation"means the Florida Housing Finance Corporation.
50 (5) "Community-based organization"or"nonprofit organization"means a private corporation organized
51 under chapter 617 to assist in the provision of housing and related services on a not-for-profit basis and
52 which is acceptable to federal and state agencies and financial institutions as a sponsor of low-income
53 housing.
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5083
1 (6) "Department"means the Department of Commerce.
2 (7) "Disabling condition"means a diagnosable substance abuse disorder, serious mental illness,
3 developmental disability, or chronic physical illness or disability, or the co-occurrence of two or more of
4 these conditions, and a determination that the condition is:
5 (a) Expected to be of long-continued and indefinite duration; and
6 (b) Not expected to impair the ability of the person with special needs to live independently with
7 appropriate supports.
8 (8) "Elderly"describes persons 62 years of age or older.
9 (9) "Extremely-low-income persons"means one or more natural persons or a family whose total annual
10 household income does not exceed 30 percent of the median annual adjusted gross income for households
11 within the state. The Florida Housing Finance Corporation may adjust this amount annually by rule to
12 provide that in lower income counties, extremely low income may exceed 30 percent of area median income
13 and that in higher income counties, extremely low income may be less than 30 percent of area median
14 income.
15 (10) "Local public body"means any county,municipality, or other political subdivision,or any housing
16 authority as provided by chapter 421,which is eligible to sponsor or develop housing for farmworkers and
17 very-low-income and low-income persons within its jurisdiction.
18 (11) "Low-income persons"means one or more natural persons or a family,the total annual adjusted gross
19 household income of which does not exceed 80 percent of the median annual adjusted gross income for
20 households within the state,or 80 percent of the median annual adjusted gross income for households within
21 the metropolitan statistical area(MSA)or,if not within an MSA,within the county in which the person or
22 family resides,whichever is greater.
23 (12) "Moderate-income persons"means one or more natural persons or a family,the total annual adjusted
24 gross household income of which is less than 120 percent of the median annual adjusted gross income for
25 households within the state,or 120 percent of the median annual adjusted gross income for households
26 within the metropolitan statistical area(MSA) or,if not within an MSA,within the county in which the
27 person or family resides,whichever is greater.
28 (13) "Person with special needs"means an adult person requiring independent living services in order to
29 maintain housing or develop independent living skills and who has a disabling condition; a young adult
30 formerly in foster care who is eligible for services under s. 499.1451(5); a survivor of domestic violence as
31 defined in s. 7.4.1 2;8; or a person receiving benefits under the Social Security Disability Insurance (SSDI)
32 program or the Supplemental Security Income (SSI)program or from veterans' disability benefits.
33 (14) "Student"means any person not living with his or her parent or guardian who is eligible to be
34 claimed by his or her parent or guardian as a dependent under the federal income tax code and who is
35 enrolled on at least a half-time basis in a secondary school, career center, community college, college, or
36 university.
37 (15) "Substandard"means:
38 (a) Any unit lacking complete plumbing or sanitary facilities for the exclusive use of the occupants;
39 (b) A unit which is in violation of one or more major sections of an applicable housing code and
40 where such violation poses a serious threat to the health of the occupant; or
41 (c) A unit that has been declared unfit for human habitation but that could be rehabilitated for less
42 than 50 percent of the property value.
43 (16) "Substantial rehabilitation"means repair or restoration of a dwelling unit where the value of such
44 repair or restoration exceeds 40 percent of the value of the dwelling.
45 (17) "Very-low-income persons"means one or more natural persons or a family,not including students,
46 the total annual adjusted gross household income of which does not exceed 50 percent of the median annual
47 adjusted gross income for households within the state, or 50 percent of the median annual adjusted gross
48 income for households within the metropolitan statistical area(MSA) or,if not within an MSA,within the
49 county in which the person or family resides,whichever is greater.
50 420.502, F.S.—Legislative findings.-
51 (8)(b) It is necessary to create a state housing finance strategy to provide affordable workforce housing
52 opportunities to essential services personnel in areas of critical state concern designated under s. 380.05,for
53 which the Legislature has declared its intent to provide affordable housing, and areas that were designated
sOCC SR 08.20.2025 Page 19 of 21
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5084
I as areas of critical state concern for at least 20 consecutive years before removal of the designation. The
2 lack of affordable workforce housing has been exacerbated by the dwindling availability of developable
3 land, environmental constraints, rising construction and insurance costs, and the shortage of lower-cost
4 housing units. As this state's population continues to grow, essential services personnel vital to the
5 economies of areas of critical state concern are unable to live in the communities where they work, creating
6 transportation congestion and hindering their quality of life and community engagement.
7
8 420.503, F.S.—Definitions.-
9 (19) "Essential services personnel"means natural persons or families whose total annual household
10 income is at or below 120 percent of the area median income, adjusted for household size, and at least one
11 of whom is employed as police or fire personnel, a child care worker, a teacher or other education
12 personnel,health care personnel, a public employee,or a service worker.
13
14 420.5095, F.S. Community Workforce Housing Loan Program.-
15 (1) The Legislature finds and declares that recent rapid increases in the median purchase price of a home
16 and the cost of rental housing have far outstripped the increases in median income in the state, creating the
17 need for innovative solutions for the provision of housing opportunities.
18 (2) The Community Workforce Housing Loan Program is created to provide workforce housing for persons
19 affected by the high cost of housing.
20 (3) For purposes of this section,the term "workforce housing"means housing affordable to natural persons
21 or families whose total annual household income does not exceed 80 percent of the area median income,
22 adjusted for household size, or 120 percent of area median income, adjusted for household size, in areas of
23 critical state concern designated under s. 380.0 y for which the Legislature has declared its intent to provide
24 affordable housing,and areas that were designated as areas of critical state concern for at least 20 consecutive
25 years before removal of the designation.
26 (4) The Florida Housing Finance Corporation is authorized to provide loans under the program to applicants
27 for construction of workforce housing.
28 (5) The corporation shall establish a loan application process under s. J....20,,y_ ,87...
29 (6) Projects must be given priority consideration for funding if the local jurisdiction has adopted, or is
30 committed to adopting, appropriate regulatory incentives, local contributions or financial strategies, or other
31 funding sources to promote the development and ongoing financial viability of such projects.Local incentives
32 include such actions as expediting review of development orders and permits, supporting development near
33 transportation hubs and major employment centers, and adopting land development regulations designed to
34 allow flexibility in densities,use of accessory units, mixed-use developments, and flexible lot configurations.
35 Financial strategies include such actions as promoting employer-assisted housing programs, providing tax
36 increment financing, and providing land.
37 (7) The corporation shall award loans with a 1 percent interest rate for a term that does not exceed 15 years.
38 (8) The corporation may adopt rules pursuant to ss._..]2, ,.,;y,,3_��(1) and_�„2, ,.,;J.. to implement this section.
39
40 125.01055,F.S. -Affordable housing.-
41 (1) Notwithstanding any other provision of law, a county may adopt and maintain in effect any law,
42 ordinance,rule, or other measure that is adopted for the purpose of increasing the supply of affordable
43 housing using land use mechanisms such as inclusionary housing or linkage fee ordinances.
44
45 VI. PROCESS
46
47 Land Development Code Amendments may be proposed by the Board of County Commissioners, the
48 Planning Commission,the Director of Planning,private application, or the owner or other person having
49 a contractual interest in property to be affected by a proposed amendment. The Director of Planning
50 shall review and process applications as they are received and pass them onto the Development Review
51 Committee and the Planning Commission.
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I The Planning Commission shall hold at least one public hearing. The Planning Commission shall review
2 the application, the reports and recommendations of the Department of Planning & Environmental
3 Resources and the Development Review Committee and the testimony given at the public hearing. The
4 Planning Commission shall submit its recommendations and findings to the Board of County
5 Commissioners (BOCC). The BOCC holds a public hearing to consider the adoption of the proposed
6 amendment, and considers the staff report, staff recommendation, Planning Commission
7 recommendation and the testimony given at the public hearing. The BOCC may adopt the proposed
8 amendment based on one or more of the factors established in LDC Section 102-158(d)(7).
9
10 In cases in which the proposed ordinance changes the actual list of permitted, conditional, or prohibited
11 uses within a zoning category, the board of county commissioners shall hold two (2) advertised public
12 hearings on the proposed ordinance.
13
14 VIL PROFESSIONAL STAFF RECOMMENDATION
15
16 Professional staff recommends approval of the proposed amendment.
17
18 VIII.EXHIBITS
19
20 1. May 2, 2018, Governor Rick Scott press release outlining an initiative to the Florida Department
21 of Economic Opportunity ("DEO")for a Keys Workforce Housing Initiative.
22 2. DEO Preliminary draft language based on the minimum requirements.
23 3. Ordinance 006-2021
24 4. Ordinance
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-n
{r
3
4
5 MONROE COUNTY, FLORIDA
6 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
7
8 ORDINANCE NO. -2025
9
10 AN ORDINANCE, BY THE MONROE COUNTY BOARD OF COUNTY
11 COMMISSIONERS, ADOPTING AN AMENDMENT TO MONROE
12 COUNTY LAND DEVELOPMENT CODE SECTION 138-24
13 ("RESIDENTIAL ROGO ALLOCATIONS") TO MODIFY
14 REQUIREMENTS RELATED TO THE COUNTY'S REMAINING 214
15 EARLY EVACUATION UNIT BUILDING PERMIT ALLOCATIONS
16 THAT WERE ADDITIONALLY CREATED IN 2018 BY THE GOVERNOR
17 OF FLORIDA, THE FLORIDA ATTORNEY GENERAL, THE FLORIDA
18 CHIEF FINANCIAL OFFICER, AND THE FLORIDA AGRICULTURE
19 COMMISSIONER ACTING AS THE STATE ADMINISTRATION
20 COMMISSION, BY REMOVING THE EXISTING 1-FOR-1 TAKINGS
21 AND BERT HARRIS ACT LIABILITY REDUCTION EXCHANGE
22 REQUIREMENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR
23 REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR
24 TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE
25 SECRETARY OF STATE; PROVIDING FOR AMENDMENT TO AND
26 INCORPORATION IN THE MONROE COUNTY LAND DEVELOPMENT
27 CODE; PROVIDING FOR AN EFFECTIVE DATE.'
28
29
30 WHEREAS, pursuant to Article 8 of the Florida Constitution and Section 125.66, Florida
31 Statutes,Monroe County ("Board of County Commissioners", "Board", "BOCC", "Monroe County", or
32 the"County")possesses the police power(s)to enact ordinances to protect the health, safety, and welfare
33 of the public at-large; and
34
35 WHEREAS, the Florida Keys Area Protection Act,2 codified at Section 380.0552, Florida
36 Statutes, specially designates Monroe County an Area of Critical State Concern, establishes the
37 "legislative intent'3 of the State of Florida to "ensure that the population of the Florida Keys can be
38 safely evacuated" [Section 380.0552(2)(j), Florida Statutes] and requires that amendments to each local
39 government's comprehensive plan "must" include "[g]oals, objectives, and policies to protect public
40 safety and welfare in the event of a natural disaster by maintaining a hurricane evacuation clearance time
41 for permanent residents of no more than 24 hours."4; and
42
43
44
'Monroe County Planning and Environmental Resources Department File No.2024-215.
2 Fla. Stat. § 380.0552(1).
3 Fla. Stat. § 380.0552(2).
4 Fla. Stat. § 380.0552(9)(a)(2.).
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I WHEREAS, Monroe County has adopted a Permit Allocation System known as the Rate of
2 Growth Ordinance ("ROGO") to provide for the safety of the visitors to and the residents of Monroe
3 County in the event of major hurricanes and to protect the Florida Keys Area of Critical State Concern's
4 significant sensitive environmental and natural resources of statewide importances as required by the
5 State of Florida; and
6
7 WHEREAS, on May 2, 2018, then-Governor Rick Scott issued a press release outlining an
8 initiative of the State Department of Economic Opportunity ("DEO"),6 operating under the
9 administration of Governor Scott, for a"Keys Workforce Housing Initiative" to add an additional 1,300
10 ROGO allocations into the Florida Keys Area of Critical State Concern ("ACSC") for rental workforce
11 housing with the condition that the rental workforce occupants must evacuate in the early phase (48-
12 hour window) of a hurricane evacuation; and
13
14 WHEREAS, on June 13, 2018, then-Governor Rick Scott, Florida Attorney General Pamela
15 Bondi, Florida Chief Financial Officer Jeff Atwater, and Florida Agriculture Commissioner Adam
16 Putnam acting as the State Administration Commission approved the "Workforce Housing Initiative"
17 after presentation by DEO that the Phase I hurricane evacuation (under the existing staged hurricane
18 evacuation plan) can be accomplished in 17.5 hours, leaving, then, an additional capacity of 6.5 hours
19 within Phase I; and
20
21 WHEREAS, the Florida Keys must manage growth cognizant of the quadruple issues of new
22 housing stock naturally constrained by limited development potential due to the Florida Keys island
23 chain's geographic features and resulting expensive and finite dry land, a local economy with a
24 prevalence of lower paying tourism jobs, and the need to safely evacuate the Florida Keys in the event
25 of hurricanes and to protect the island chain's fragile environmental and natural resources; and
26
27 WHEREAS, the need to protect and preserve an adequate inventory of affordable/workforce
28 accessible housing stock is, for the reasons stated in the paragraph immediately above, a challenge in the
29 Florida Keys; and
30
31 WHEREAS, the BOCC adopted Ordinance No. 2021-005 and Ordinance No. 2021-006,
32 amending the Monroe County Comprehensive Plan and Land Development Code, respectively,
33 authorizing the acceptance of 300 early evacuation allocations from the State and to allow said early
34 evacuation allocations be utilized in exchange for existing affordable units/approved affordable
35 allocations pursuant to a mechanism allowing the returned affordable units/allocations to be banked into
36 the County's administrative relief pool to resolve county-wide takings and Bert Harris Act liability; and
37
38
39
40
41
42
s Fla. Stat. § 380.05(2)(a).
6 The State"Department of Economic Opportunity"has since been renamed the State"Department of Commerce"pursuant
to Ch.2023-173,Laws of Fla. (codified at Fla. Stat. § 20.60).
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I WHEREAS, at the BOCC's September 111h, 2024, regular public meeting, the Board directed?
2 Planning and Environmental Resources Department professional staff to begin processing
3 Comprehensive Plan and Land Development Code text amendments to eliminate the aforementioned 1-
4 for-1 takings and Bert Harris Act liability reduction exchange requirement for the remaining unused 214
5 early evacuation unit building permit allocations; and
6
7 WHEREAS, the laws, policies, rules, and regulations adopted in the Monroe County
8 Comprehensive Plan and Land Development Code ("LDC") are to maintain public health, safety, and
9 welfare of the public at-large of the Florida Keys and to strengthen our local government capability to
10 manage land use; and
11
12 WHEREAS, on December 12, 2024, a community meeting was held, as required by LDC
13 Section 102-159(b)(3),to discuss these proposed Comprehensive Plan and Land Development Code text
14 amendments, and to provide for public participation; and
15
16 WHEREAS, the Monroe County Development Review Committee ("DRC") reviewed and
17 considered the proposed amendment at a regularly scheduled DRC meeting held on February 18, 2025;
18 and
19
20 WHEREAS,the Monroe County Planning Commission("Planning Commission" or"PC")held
21 a public hearing on March 26,2025,for review and recommendation on the proposed Land Development
22 Code text amendment; and
23
24 WHEREAS,the Planning Commission adopted Resolution No. P12-25 recommending approval
25 with changes to the BOCC, as discussed during the March 26, 2025, Planning Commission meeting, of
26 the proposed amendments to the Monroe County Land Development Code amending LDC Section 138-
27 24 in order to eliminate the 1-for-1 takings and Bert Harris Act liability reduction exchange requirement
28 for the remaining 214 early evacuation unit building permit allocations; and
29
30 The Monroe County Planning Commission included in the prevailing motion edits to the proposed
31 language to include the following language:
32
33 1. Amend Land Development Code Section 138-24(e)(2)(d.) to require the office of the on-site
34 property manager to be clearly identified as an on-site property manager office; and
35
On September 11,2024,the BOCC,as part of Public Hearing Item Q3. on the BOCC's published regular meeting agenda
for that day's regular BOCC meeting("Public Hearings-Q3.:A Public Hearing to Consider a Request for the BOCC to
Approve a Resolution Transmitting to the State Land Planning Agency an Ordinance, by the BOCC, Proposing to Amend
the Comprehensive Plan so as to Newly Create a Tavernier Workforce Housing Subarea 1, Which Involves Text Changes to
the Adopted Policies of the Comprehensive Plan Which Limits Disposition of Early Evacuation Unit Allocations to a 1-for-
]Exchange Program for Banking Into the County's Administrative Relief Pool for Takings and Bert Harris Act Liability
Reduction Countywide,In Order to Allow for 86 Early Evacuation Unit Allocations to be Awarded for Development
Without Requiring In Return an Equal Number of Affordable ROGO Allocations To Be Banked Into the County's
Administrative Relief Pool, as Requested by Cemex Construction Materials, Florida, LLC,f/k/a Singletary Concrete
Products Inc., LLC"),directed County professional staff to initiate the process for Land Development Code ("LDC")and
Comprehensive Plan("CP") amendments(i.e.,to draft LDC and CP ordinances)to remove the 1-for-1 takings and Bert
Harris Act liability reduction program requirement referenced herein,which the Board had originally enacted pursuant to
BOCC Ordinance No. 006-2021,for all of the County's remaining 214 early evacuation unit building permit allocations.
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1 2. Amend Land Development Code Section 138-24(e)(2)(e.) to include additional information
2 within the annual report including information about location of on-site management office,
3 identity of on-site manager personnel and personnel available during non-office hours and
4 information about tenant evacuations over the past year handled by the identified manager; and
5
6 WHEREAS, the Monroe County Board of County Commissioners is authorized by Section
7 125.01(1)(h), Florida Statutes,to establish, coordinate and enforce zoning and such business regulations
8 as are necessary for the protection of the public; and
9
10 WHEREAS, the Monroe County Planning and Environmental Resources Department
11 professional staff memorandum ("professional staff report") dated July 26, 2025, for the August 20th,
12 2025, BOCC public hearing, completed by and from Department Assistant Director Cheryl Cioffari,
13 A.LC.P.,8 recommends approval of the proposed amendment to the Land Development Code amending
14 LDC Section 138-24 in order to eliminate the 1-for-1 takings and Bert Harris Act liability reduction
15 exchange requirement for the remaining 214 early evacuation unit building permit allocations and
16 includes recommended edits as described by the Planning Commission and memorialized in PC
17 Resolution No. P12-25; and
18
19 WHEREAS, at a regularly scheduled meeting held on August 20, 2025, the BOCC held a duly
20 noticed public hearing, considered the professional staff report and recommendation accompanying this
21 proposed text amendment to the Code, and provided for public comment and public participation in
22 accordance with the requirements of law and the procedures adopted for public participation in the
23 planning process; and
24
25 WHEREAS, based upon the documentation submitted and information provided, including but
26 not limited to the documentation and information furnished in the Department's professional staff report,
27 the BOCC hereby makes the following findings of fact and conclusions of law:
28
29 1. The proposed amendment is consistent with the Goals,Objectives and Policies of the Monroe
30 County Year 2030 Comprehensive Plan; and
31 2. The proposed amendment is consistent with the Principles for Guiding Development for the
32 Florida Keys Area of Critical State Concern, Section 380.0552(7), Florida Statutes; and
33 3. The proposed amendment is consistent with Part H of Chapter 163, Florida Statutes; and
34 4. The proposed amendment will not result in an adverse change in community character to the
35 sub-area which a proposed amendment affects or to any area in accordance with the Tavernier
36 Livable CommuniKeys Master Plan pursuant to findings of the BOCC; and
37 5. The proposed amendment is a necessary adjustment in light of new issues, as required to
38 change the text of the Land Development Code in accordance with Section 102-
39 158(d)(7)(b.)(4.) of the Code.
40
41 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
42 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
43
44 Section 1. Title, Legislative Intent, Recitals, Findings of Fact, and Conclusions of Law. The
45 foregoing title, recitals, statements of legislative intent, findings of fact, and conclusions
46 of law are true and correct and are hereby incorporated as if fully stated herein.
s American Institute of Certified Planners(A.LC.P.)—Certification.
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I Section 2. The analysis, findings of fact, and conclusions of law in the July 26, 2025-dated Monroe
2 County Planning and Environmental Resources Department professional staff report
3 accompanying this BOCC agenda item, prepared/completed by and from Department
4 Assistant Director Cheryl Cioffari, A.LC.P., is/are adopted, to the extent not plainly
5 inconsistent with this Ordinance, as the BOCC's own analysis, findings of fact, and
6 conclusions of law, and the BOCC hereby incorporates said professional staff report as if
7 fully set forth herein.
8
9 Section 3. The text of the Monroe County Land Development Code is hereby amended as follows:
10
Proposed Amendment: deletions are st+ieke*�hr-ettg4; additions are shown in underlined.
11
12 *****
13 Sec. 138-24. -Residential ROGO Allocations.
14 (a)Number of available annual residential ROGO allocations. The number of market rate residential
15 ROGO allocations available in each subarea of the unincorporated county and the total number of
16 affordable residential ROGO allocations and affordable workforce housing early evacuation unit
17 allocations available countywide shall be as follows:
18
Number of Dwelling Units
Subarea ROGO Years: ROGO Years:
July 13, 2020- July 12, 2021 July 13, 2023- July 12, 2024
July 13, 2021- July 12, 2022 July 13, 2024- July 12, 2025
July 13, 2022- July 12, 2023 July 13, 2025- July 12, 2026
Upper Keys 31 30
Lower Keys 29 28
Big Pine and No Name 4 4
Keys
Total market rate 64 62
A,fordable Dwelling Units
Very Low, Low, and 360*
Median Incomes
Moderate Incomes 350*
*Includes one annually for Big Pine Key and No Name Key
Affordable Workforce 300**
Housing Early
Evacuation Initiative
** Affordable -Wworkforce housing early evacuation unit building�permit allocations shall be
distributed on a first-come first-serve basis in the Upper and Lower Keys subareas. Requests for
dwelling units developed and/or deed-restricted utilizing the affordable workforce housing early
evacuation unit building permit allocations are subject to the provisions of Policy 101.3.12 and
Section 138-24 e . Additionally, pursuant to Comprehensive Plan Policy 101.3.10 affordable
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workforce housing early evacuation unit building permit allocations may be transferred to another
government jurisdiction for County-initiated affordable housing projects, as aproved through an
Interlocal Agreement between the sending and receiving jurisdictions.
1
2
3
4
Annual Allocation
�x'o„�ee Affordable
111ififiti Workforce
ROGO Year Affordable Housing
Market Rate Housing Early
Evacuation
Initiative
July 13, 2013-July 12, 126
2014 U: 61, L: 57, 71
BPK/NNK: 8
July 13, 2014-July 12, 126
2015 U: 61, L: 57, 71
BPK/NNK: 8
July 13, 2015-July 12, 126
2016 U: 61, L: 57,
BPK/NNK: 8
July 13, 2016-July 12, 126
2017 U: 61, L: 57,
BPK/NNK: 8
4 568 total AFH N/A
July 13, 2017-July 12, 126 (total available
2018 U: 61, L: 57, immediately)
BPK/NNK: 8
July 13, 2018-July 12, 126 126
2019 U: 61, L: 57,
BPK/NNK: 8
July 13, 2019-July 12, 126
2020 U: 61, L: 57,
BPK/NNK: 8
July 13, 2020-July 12, 64
2021 U: 31, L:29,
BPK/NNK: 4
July 13, 2021-July 12, 64
2022 U: 31, L:29,
BPK/NNK: 4 ** 300**
July 13, 2022-July 12, 64
2023
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U: 31, L:29,
BPK/NNK: 4
July 13, 2023—July 12, 62
2024 U: 30, L:28,
BPK/NNK: 4
July 13, 2024—July 12, 62
2025 U: 30, L:28,
BPK/NNK: 4
July 13, 2025—July 12, 62
2026 U: 30, L:28,
BPK/NNK: 4
TOTAL 1,260 ** 710* 300**
*Includes two annual affordable ROGO allocations for the Big Pine Key/No Name Key subarea)
through the Incidental Take Permit(ITP) ending in 2023.
** Affordable-Wworkforce housing early evacuation unit building permit allocations are available
within the Upper and Lower Keys subareas and shall be distributed on a first-come first-serve basis.
Requests for dwelling units developed and/or deed-restricted utilizing the workforce housing early
evacuation unit allocations are subject to the provisions of Policy 101.3.12 and Section 138-24(e).
Additionally,pursuant to Comprehensive Plan Policy 101.3.10, affordable workforce housing early
evacuation unit building permit allocations may be transferred to another government jurisdiction
for County-initiated affordable housing�projects, as approved through an Interlocal Agreement
between the sending and receiving iurisdictions.
1
2 The State of Florida, pursuant to Administration Commission Rules, may modify the annual
3 allocation rate. The County adopted a slower rate of annual allocations for market rate development
4 to extend the allocation timeframe to 2026 without exceeding the total of 1,970 allocations. By July
5 12, 2023, if substantial financial support is provided by State and Federal partners, the County may
6 reevaluate the ROGO distribution allocation schedule and consider an extended timeframe for the
7 distribution of market rate allocations. If necessary,Monroe County will request a Rule change from
8 the Administration Commission to authorize an alternative allocation timeframe and rate.
9 (1) Yearly residential ROGO allocation ratio. Each subarea shall have its number of market rate
10 residential ROGO allocations available per ROGO year. Affordable ROGO allocations and
11 affordable workforce housing early evacuation unit building permit allocations shall be
12 available for countywide allocation except for Big Pine Key and No Name Key. The allocations
13 for Big Pine Key and No Name Key shall be limited to maximums established in Big Pine
14 Key/No Name Key Livable CommuniKeys Plan, Incidental Take Permit and Habitat
15 Conservation Plan.
16 (2) Quarterly residential ROGO allocation ratio. Each subarea shall have its number of market rate
17 housing residential ROGO allocations available per ROGO quarter determined by the following
18 formula:
19 a. Market rate residential ROGO allocations available in each subarea per quarter is equal to
20 the market rate residential ROGO allocations available in each subarea divided by four.
21 b. Affordable housing residential ROGO for all four ROGO quarters, including the allocations
22 available for Big Pine Key, shall be made available at the beginning of the first quarter for
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I a ROGO year. Beginning July 13, 2016, the balance of all remaining affordable housing
2 residential ROGO allocations shall be made available for award.
3 c. Affordable -Wworkforce 1 e housing _early evacuation unit building pearly evacuation unit building permit allocations
4 shall be made available at the beginning of the first quarter of ROGO year July 13, 2021
5 July 12, 2022. All affordable workforce early evacuation unit building permit allocations
6 shall be available for award; and shall be distributed on a first-come first-serve basis.
7 Requests for affordable workforce housing early evacuation unit building permit
8 allocations shall require a reservation via BOCC resolution.
9 (3) Ratio of very low income, low income, and median income allocations to moderate income
10 allocations. The Planning Commission may amend these proportions for affordable housing
11 during any ROGO quarter.
12 (4)Big Pine Key and No Name Key.
13 a. All allocation awards on Big Pine Key and No Name Key are subject to the provisions of the
14 Incidental Take Permit (ITP), the Habitat Conservation Plan (HCP) and Livable
15 CommuniKeys Plan(LCP)for the Florida Key Deer and other covered species,which may
16 affect ROGO allocations under this article.
17 b. In the Big Pine Key/No Name Key sub-area the annual maximum number of residential
18 permit allocations that may be awarded in Tier I shall be no more than one (1) every 2
19 years. Until the ITP, HCP, Biological Opinion, and LCP are amended, a property owner
20 attempting to develop his property may be granted an allocation through the ROGO process
21 that may be used once that property owner obtains all required permits and authorizations
22 required under the Endangered Species Act and other applicable federal and state laws.
23 The allocation will remain valid so long as the applicant diligently and in good faith
24 continues to work with USFWS to conclude the coordination and pick up a building permit.
25 (5)Limit on number ofallocation awards in Tier I.
26 a. Big Pine Key/No Name Key subarea: The maximum ROGO allocations in Tier I shall be no
27 more than one (1) every two (2)years.
28 b.Upper Keys subarea: The annual maximum ROGO allocations in Tier I shall be no more than
29 three (3).
30 c. Lower Keys subarea: The annual maximum ROGO allocations in Tier I shall be no more
31 than three (3).
32 (b) Reservation of affordable housing allocations. Notwithstanding the provisions of Section 138-26
33 for awarding of affordable housing allocations or affordable workforce :rye (Wer-kfer-ee
34 housing early evacuation unit) building permit allocations, the BOCC may reserve by resolution
35 some or all of the available affordable housing allocations or available affordable workforce
36 initiative housing early evacuation unit building permit allocations for award to certain sponsoring
37 agencies or specific housing programs consistent with all other requirements of this chapter.
38 Building permits for these reserved allocations shall be picked up within six months of the effective
39 reservation date,unless otherwise authorized by the BOCC in its resolution such as establishing the
40 income categories for allocations granted. The BOCC may, at its discretion,place conditions on any
41 reservation as it deems appropriate. These reservations may be authorized by the BOCC for:
42 (1) The county housing authority, nonprofit community development organizations, pursuant to
43 Section 139-1(e), and other public entities established to provide affordable housing by entering
44 into a memorandum of understanding with one or more of these agencies;
45 (2) Specific affordable or employee housing projects participating in a federal/state housing
46 financial assistance or tax credit program or receiving some form of direct financial assistance
47 from the county upon written request from the project sponsor and approved by resolution of
48 the BOCC;
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1 (3) Specific affordable or employee housing projects sponsored by nongovernmental not-for-profit
2 organizations above upon written request from the project sponsor and approved by resolution
3 of the BOCC;
4 (4) Specific affordable or employee housing programs sponsored by the county pursuant to
5 procedures and guidelines as may be established from time to time by the BOCC;
6 (5) Specific affordable or employee housing projects by any entity, organization, or person,
7 contingent upon transfer of ownership of the underlying land for the affordable housing project
8 to the county, a not-for-profit community development organization, or any other entity
9 approved by the BOCC, upon written request from the project sponsor and approved by
10 resolution of the BOCC; or
11 (6) Rental employee housing projects situated on the same parcel of land as the nonresidential
12 workplace for the tenants of these projects, upon written request from the property owner and
13 approved by resolution of the BOCC; or-
14 (7)Affordable Wworkforce:,,. e housing early evacuation projects,pursuant to Policy 101.3.12
15 and Section 138-24(e),that require occupants to evacuate in Phase 1 of the 48-hr evacuation e€
16 a rendingmajer-htiF.-:,a ffe as required in Comprehensive Plan Policy 101.2.4, are restricted to
17 rental occupancy, and for those who derive at least 70% of their income as members of the
18 workforce in Monroe County and who meet the affordable housing income categories of the
19 Monroe County Land Development Code.
20 (c) Affordable housing allocation awards and eligibility.
21 (1) The definition of affordable housing shall be as specified in Sections 101-1 and 139-1.
22 (2)Any portion of the affordable housing allocation not used for affordable housing at the end of a
23 ROGO year shall be made available for affordable housing for the next ROGO year.
24 (3) No affordable housing allocation shall be awarded to applicants located within a Tier I
25 designated area, within a V-zone on the county's flood insurance rating map, or within a Tier
26 HI-A (special protection area) designated area.
27 Notwithstanding the foregoing, and notwithstanding Section 138-24(a)(5), affordable housing
28 ROGO allocations may be awarded to Tier I or Tier HI-A properties which meet all of the
29 following criteria:
30 a. The property contains an existing market rate dwelling unit that meets the criteria in LDC
31 Section 138-22(a) and is determined to be exempt from ROGO;
32 b. The proposed replacement affordable dwelling unit meets current Florida Building Code and
33 is not a mobile home;
34 c. The proposed replacement dwelling unit shall be deed restricted for a period of at least 99
35 years as affordable housing pursuant to the standards of the Land Development Code;
36 d. The proposed site plan for the replacement affordable dwelling unit does not propose any
37 additional clearing of habitat; and
38 e. The structure is not proposed to be within a V-zone on the county's flood insurance rating
39 map.
40 (4) Only affordable housing allocations for Big Pine Key may be used on Big Pine Key. No
41 affordable housing allocation may be used on No Name Key.
42 (d) Dwelling unit allocation required. The county shall issue no building permit for a dwelling unit
43 unless such dwelling unit:
44 (1)Has a dwelling unit allocation award; or
45 (2)Is exempted from the dwelling unit allocation system pursuant to this chapter or is deemed vested
46 pursuant to Section 138-22.
47 (e) Affordable Workforce Housing Early Evacuation Initiative allocation awards, eligibility and
48 requirements.
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1 (1)Pursuant to Policies 101.3.2, 101.3.3 and 101.3.12, Monroe County establishes a new allocation
2 category to award 300 affordable workforce housing early evacuation unit building permit
3 allocations pursuant to the Workforce-Affordable Housing Initiative (Workforce Initiative). The
4 Workforce-Affordable Housing Initiative will require dwelling units constructed and/ or deed
5 restricted with affordable workforce housing early evacuation unit building permit allocations to
6 evacuate occupants in Phase 1 of the 48-hr evacuation of a pending major hurricane.
7 (2) Dwelling units developed and/or deed restricted utilizing the affordable workforce housing
8 initi4iNe early evacuation unit building permit allocations are subject to the following:
9 a. Requests for affordable workforce housing early evacuation unit allocations shall be W,ffi
10 enly for- ^ 1 for- 1 eha*ge for- ^ff-er- able all ee4i ens/e*efnpti ens a*d require a reservation
11 via BOCC resolution. The BOCC may, at its discretion,place conditions on any reservation
12 as it deems appropriate, such as establishing the income categories for allocations granted.
13 The BOGG may, f+
14
15
16
17
18
19
21
22 ,
23
25 .
26
27
28 meeme vs. ede- to ; o pool).
29
30
31
32
33
35
36
37
38 taking tinder- etiffent l ,,,a , o ease law.
39
40
41
42
43 Tree
44 6. All affordable workforce housing early evacuation units require a deed-restriction
45 ensuring:
46 1. Before any building permit may be issued for any structure,portion or phase of a project
47 subject to the Workforce Initiative, a restrictive covenant shall be approved by the
48 Planning Director and County Attorney and recorded in the Office of the Clerk of the
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I County to ensure compliance with the provision of this section running in favor of the
2 County and enforceable by the County and, if applicable, a participating municipality.
3 The following requirements shall apply to these restrictive covenants:
4 i. The covenants for any workforce housing early evacuation units shall be effective
5 for 99 years.
6 ii. The covenants shall not commence running until a certificate of occupancy has been
7 issued by the Building Official for the dwelling unit or dwelling units to which the
8 covenant or covenants apply.
9 iii. For existing dwelling units that are deed-restricted as workforce housing early
10 evacuation units, the covenants shall commence running upon recordation in the
11 Official Records of Monroe County.
12 2. The covenants shall require that the affordable workforce housing early evacuation units
13 to be restricted to rental occupancy for those who derive at least 70% of their income as
14 members of the workforce in Monroe County and who meet the affordable housing
15 income categories of the Monroe County Land Development Code. The occupants are
16 required to annually verify their employment and income eligibility.
17 3. The covenants shall require occupants to evacuate in Phase 1 of the 48-hr evacuation of a
18 pending major hurricane. Persons living in the workforce housing early evacuation units
19 who may be exempted from evacuation requirements are limited to law enforcement,
20 correctional and fire personnel, health care personnel, and public employees with
21 emergency management responsibilities. If there is an occupant that indicates their
22 employment is considered a `first-responder position' and not included in the list of
23 exemptions above, then the Planning Director shall determine, in writing, whether the
24 person may be exempted because of a requirement to remain during an emergency. Any
25 person claiming exemption under this provision shall submit of an affidavit of
26 qualification and faithfully certify their status with the onsite property management.
27 4. The covenants shall require rental agreements which contain a separate disclosure
28 requiring rental occupants to acknowledge the existing restrictive covenant on the unit
29 requiring evacuation in Phase 1 of the 48-hr evacuation and that failure to adhere to the
30 Phase 1 evacuation requirement could result in severe penalties, including eviction, to
31 the occupant.
32 5. The covenants shall require onsite property managers and a separate employment
33 disclosure requiring the maintenance of training in evacuation procedures and an
34 acknowledgement that failure to adhere to the Phase 1 evacuation requirement could
35 result in severe penalties, including termination.
36 4c. Affordable -Wworkforce housing early evacuation units shall be restricted to rental
37 occupancy for those who derive at least 70% of their income as members of the workforce in
38 Monroe County and who meet the affordable housing income categories of the Monroe
39 County Land Development Code.Workforce means individuals or families who are gainfully
40 employed supplying goods and/or services to Monroe County residents or visitors.
41 ed. Affordable -Wworkforce housing early evacuation units shall require onsite property
42 management with property managers trained in evacuation procedures and required to
43 manage the evacuation of tenants in Phase I of an evacuation. During traditional working
44 hours, the property manager must be at an office within the workforce housing early
45 evacuation unit development subject property that is clearly identifiable as an on-site property
46 manager office as documented on a site plan. Outside the traditional working hours, the
47 property manager must be available at all times to respond to evacuation orders.
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I €e. The property management entity for the affordable workforce housing early evacuation units
2 shall be required to annually verify the employment and income eligibility of tenants; report
3 the total units on the site, the occupancy rates of units, and tenant compliance with the
4 requirement to evacuate the units in Phase I of an evacuation, including the number of
5 occupants that are exempt from the evacuation requirements. Additionally, the annual report
6 shall include information about the location of the on-site management office, identify on-
7 site managernon-office personnel and personnel available during non-office hours. The property
8 management entity must submit a report to the Planning and Environmental Resources
9 Department by May 1 of each year. Further, each lease and this annual report shall be kept
10 by the property manager and be available for inspection by the County during traditional
11 working hours.
12 gf. Affordable -Wworkforce housing early evacuation units shall be located within an area
13 designated as Tier III.
14 hg. Affordable -Wworkforce housing early evacuation units shall not be located in the V-Zone
15 or within a Coastal Barrier Resource System (CBRS).
16 ih. Affordable-Wworkforce housing early evacuation units shall be located on a property which
17 has all infrastructure available (potable water, adequate wastewater treatment and disposal
18 wastewater meeting adopted LOS,paved roads, etc.).
19 ji. All affordable workforce housing early evacuation units must demonstrate compliance with
20 all applicable federal standards for accessibility for persons with disabilities (ADA
21 Compliance).
22 kj. To the greatest extent practicable, a development utilizing affordable workforce housing
23 early evacuation unit allocations shall incorporate sustainable and resilient design principles
24 into the overall site design a*d be aeeessible to empleyment Bent teek Tea
25 .
26 k. To the greatest extent practicable, a development utilizing affordable workforce housing early
27 evacuation unit building permit allocations shall be located in close proximityto employment
28 centers in Key West, Stock Island and Marathon.
29 (1) For developments owned or operated by a government a _gency ,or public housing authority,
30 property management is not required to be located onsite as indicated in this subsection and
31 Comprehensive Plan Policy 101.3.12, but must be available at all times to respond to
32 evacuation orders.
33
34 *****
35
36 Section 4. To the extent of any internal or external conflicts, inconsistencies, and/or ambiguities,
37 within this Ordinance or between this Ordinance and the Monroe County Code of
38 Ordinances, Florida Building Code, Monroe County Land Development Code, Monroe
39 County Comprehensive Plan, or any approval, or any decision, or any determination of
40 the Monroe County Board of County Commissioners, Monroe County Planning
41 Commission, Monroe County Development Review Committee, Monroe County
42 Planning & Environmental Resources Department, or other department or office of
43 Monroe County,the more restrictive rule,regulation,law,provision,and text shall always
44 apply.
45
46 Section 5. No Liability. Monroe County expressly reserves and in no way shall be deemed to have
47 waived, for itself or for its officer(s), employee(s), or agent(s), any sovereign,
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I governmental, and any other similar defense, immunity, exemption, or protection against
2 any suit, cause-of-action, demand, or liability.
3
4 Section 6. Inconsistency, Partial Invalidity, Severability, and Survival of Provisions. If any
5 portion of this Ordinance, or any part or portion thereof, is held to be invalid or
6 unenforceable by any administrative hearing officer or court of competent jurisdiction,
7 the invalidity or unenforceability of such provision, or any part or portion thereof, shall
8 neither limit nor impair the operation, enforceability, or validity of any other provision of
9 this Ordinance, or any remaining part(s)or portion(s)thereof. All other provisions of this
10 Ordinance, and remaining part(s) or portion(s) thereof, shall continue unimpaired in full
11 force and effect.
12
13 Section 7. Repeal of Inconsistent Provisions. All ordinances in conflict with this Ordinance are
14 hereby repealed to the extent of said conflict. The repeal of an ordinance herein shall not
15 repeal the repealing clause of such ordinance or revive any ordinance which has been
16 repealed thereby.
17
18 Section 8. Transmittal. This Ordinance shall be transmitted to the State Land Planning Agency
19 pursuant to Chapter 163 and 380, Florida Statutes.
20
21 Section 9. Filin2 and Effective Date. This Ordinance shall be filed in the Office of the Secretary of
22 State of Florida,but shall not become effective until a notice is issued by the Florida State
23 Land Planning Agency or Administration Commission finding the amendment in
24 compliance with Chapter 163, Florida Statutes, and if challenged until such challenge is
25 resolved.
26
27 Section 10. Inclusion in the Monroe County Code. The provisions of this Ordinance shall be
28 included and incorporated in the Monroe County Code, as an addition to amendment
29 thereto, and shall be appropriately renumbered to conform to the uniform marking system
30 of the Code.
31
32 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,Florida,
34 at a regular meeting held on the 201h day of August, 2025.
35 Mayor James K. Scholl, District 3
36 Mayor Pro Tem Michelle Lincoln, District 2
37 Commissioner Craig Cates, District 1
38 Commissioner David Rice, District 4
40 Commissioner Holly Merrill Raschein, District 5
41 BOARD OF COUNTY COMMISSIONERS
42 OF MONROE COUNTY, FLORIDA
43
44 By:
45 Mayor James K. Scholl
46 (SEAL) MONROE CQU Y Tip
47 AP
TO FORM
48 ATTEST: KEVIN MADOK, CLERK F, '
. .m_.
50 ASSISTANT COLWY ATTORNEY
51 AS DEPUTY CLERK ate
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